rights?

[help5150]

What is the name of your state?Virginia, I was asked to come in to fill out some paper work over a misdemeanor. when I showed up at the magistrates office the officer had an arrest warrant for felony charges. I was given a summons and the arrest warrant together but I was not held. I was allowed to leave on an unsecured bond. I was never read any rights. Is this technically an arrest and should I have been read my rights? I have an arraingment coming up, should I seek counsel before the arraingment or when?

 

[snostar]

Yep, you were arrested. They were not required to read you your rights. It would be best to retain an attorney before the court date if possible.

 

[help5150]

Why?

Why were they not required to read me my rights in this situation?

 

[snostar]

Because you were not being interrogated after being arrested and there is no right to such protection unless an interrogation takes place under custody.

 

[CdwJava]

Why were they not required to read me my rights in this situation?

When people's only source of legal knowledge comes from television they tend to make the same assumption that you have - that Miranda is required when arrested.

However, per a NYPD homicide detective, it IS general policy for the NYPD to read an arrested person their rights when they are taken in to custody. This is for a number of reasons.

- Carl