Legal Question in Criminal Law in Virginia

If your charged with Tresspassing on a school but not arrested should you have your rights read to you?

Asked on 4/18/12, 2:43 pm

1 Answer from Attorneys

Erin Ranney Erin L. T. Ranney, PLLC

You are only entitled to your rights under Miranda when two things happen: You are in custody (generally under arrest is the way we think of it) and they wish to question you about criminal matters. If you aren't in custody, or they don't ask any questions about a crime, then you are not entitled to Miranda rights.

This response is general in nature and is not legal advice. No attorney client relationship is formed by it.

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Answered on 4/19/12, 11:13 am

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