do you have to be read your rights before going to jail in VA?

Question

my son was charged with reckless driving after an accident. He sat in jail 2 days and was never read his rights.

Answer 1

The only time you must be read your rights is if you are going to be questioned and your answers might be used against you in court. This is the same in every state. Your Rights of Due Process say that you may be held for 24 hours without being charged and 72 hours before seeing a judge or having bond set.

Best wishes!

Daniel
iPowerGRFX Web Development
http://www.ipowergrfx.com
http://www.publicadjuster.com
http://www.americanisraelicourtreporters.com
http://www.wlalwcc.org

Answer 2

As stated above, only if they wish to question you. If you do something in their presence or they have enough PC they would not need ask you about it. But of course on TV everyone must be read their rights. . . and we all now TV is the most accurate source of info right? You can asked to be read your rights, and the officer will do it, but if you are being interrogated and they did not read you your rights then all the evidence you tell them is inadmissible in court. Best thing to do is ask your lawyer, it really just depends on the situation. Some cops do make mistakes and don't read you your rights when they should. . oops! accidents happen and that accident can get you off the hook sometimes.

Answer 3

Miranda(rights) is only necessary if custodial interrogation will take place. In other words sometimes the elements of a crime are clear enough that questioning the suspect about the crime may not be essential. If he was interrogated any time since his arrest, without the Miranda warnings being read, then any incriminating statement he said will be inadmissible in court.

Answer 4

MIRANDA IS IN EFFECT IN ALL 50 STATES --this is a federal ruling governing the conduct of police forces throughout the entire country-----however---proving that your son never recieved those rights will be a difficult task---these cases are extremely difficult to prove in a court of law because it basically boils down to their word agaisnt his--and just guess whose side the judge usually winds up on (????)

Answer 5

Miranda rights must be given to a suspect before any questioning that may incriminate them. If no questioning is done, the rights are not required.

Answer 6

that's everywhere..it's your miranda rights...a supreme court ruling

i stand corrected..answers below me are correct. they are normally done when you are taken into custody but not req. until questioned.

Answer 7

You have to be read the miranda rights nomatter where you are.

Answer 8

YES - failure to do so can get the case dismissed on this technicality.