When do Miranda rights attach to a person being questioned by police in Virginia? Whenever he is under arrest, or in custody. While a person under arrest is certainly in custody, there are instances wherein a person who is not under arrest may be entitled to Miranda warnings because he is in custody.

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Felony (Larceny /Malicious wounding)

5/10/2010
Anton J. Stelly
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When is a Person "In Custody" in Virginia?

A suspect is "in custody" -- though not necessarily under arrest -- "when their freedom of action is curtailed in any significant way..." If the restraint on the person's freedom of movement is "of the degree associated with a formal arrest," then legally he is deemed to be "in custody" though perhaps, not under arrest.



Labels: Chesterfield Virginia Criminal Defense Lawyer criminal defense attorney in virginia defense attorney richmond virginia Hanover Virginia Criminal Defense Lawyer Henrico Virginia Criminal Defense Lawyer Miranda rights police interrogation police questioning


Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.




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FAQs

Felony (Larceny /Malicious wounding)

Do Virginia teenagers have rights under Miranda, and if so, how do they apply?

If the police have illegally searched me, my home, or my car, and found evidence that could be used to convict me, do I have any means to fight it?

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