Legal Question in Administrative Law in Virginia

If I was put in handcuffs against my will and questioned about criminal activities, am I entitled to a miranda warning? I was asked incriminating questions about drinking and I was afraid that if I didnt answer them I would be considered uncooperative so I confessed and was arrested for underaged drinking and at no point the entire night was read miranda rights so could my confession be held against me as evidence?

Asked on 3/25/13, 7:24 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

Yes, if you were in police custody and under interrogation, then you

were entitled to have the requisite Miranda warnings given to you

(irrespective of the offense which the cops suspected you of having

committed) and if such were not provided to you, then a pretrial motion

to suppress your confession resulting from this improper interrogation should be filed with the court.

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Answered on 3/28/13, 8:50 pm

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