In the 1960s, the United StatesSupreme Court issued a ruling in the case of Miranda v. Arizona . The principal issue in the case was whether a confession was voluntarily made after a lengthy interrogation by police without the accusedhaving attorney present to counsel him, though he had asked for one. The Supreme Court stated that before police interrogate any person within their custody about criminal activityof which they may be suspected by must first advise the person of three things: 1) that anything the person says to them may be used against them in court; 2) that they have the right to remain silent; and 3) they have the right to have an attorney present during questioning and if they cannot afford to hire an attorney one may be appointed to them by the court. Nothing in this Supreme Court decision or in any cases thereafter has limited its application to adults. It therefore applies to teenagers as well. Having been a criminal defense lawyer in Virginia for many years, I have found that the principles of Miranda are largely misunderstood by the public and sadly, by the police. First, the protections do not arise until the person is in custody;

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

 

A: In the 1960s, the United States Supreme Court issued a ruling in the case of Miranda v. Arizona. The principal issue in the case was whether a confession was voluntarily made after a lengthy interrogation by police without the accused having attorney present to counsel him, though he had asked for one.

The Supreme Court stated that before police interrogate any person within their custody about criminal activity of which they may be suspected by must first advise the person of three things: 1) that anything the person says to them may be used against them in court; 2) that they have the right to remain silent; and  3) they have the right to have an attorney present during questioning and if they cannot afford to hire an attorney one may be appointed to them by the court.

Nothing in this Supreme Court decision or in any cases thereafter has limited its application to adults. It therefore applies to teenagers as well.

Having been a criminal defense lawyer in Virginia for many years, I have found that the principles of Miranda are largely misunderstood by the public and sadly, by the police.

First, the protections do not arise until the person is in custody; "custody" in this case meaning that he is not free to leave the police who want to question him.

Second, the failure of the police to give Miranda warnings to a suspect is not an automatic grounds for dismissal of the charge. The punishment for violation of one's for Miranda rights is that any incriminating statements obtained by the police cannot be admitted into evidence at trial. In many cases this may result in dismissal of the charges because a person's statements are key evidence in the case.

Third, a person who makes incriminating statements voluntarily before he is questioned by police, or who has not been subjected to police custody (that is, he is free to walk away from the police), enjoys no protections under Miranda as to those statements voluntarily made.




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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