Police are only required to read the Miranda warning when you are “in custody.” A person must be restrained to a degree associated with a formal arrest before you are “in custody.” In deciding this issue, the courts consider whether or not a reasonable person in your place would believe he or she was in police custody. If a reasonable person in your place would believe he or she was in custody, the Miranda warning must be given to you prior to police questioning.
When you go to the police station on a voluntary basis to answer questions, you are not considered to be in custody and no Miranda warning is required prior to questioning. There still may be an issue as to whether or not your confession was voluntary. In determining the voluntariness of the confession, courts look to several factors including: the defendant’s age, maturity, intelligence, education, experience and ability to comprehend. If your confession was not voluntary, it can not be used against you at trial even though you were read the Miranda warning.
If you, or someone you know, has confessed to a crime in Minnesota or Wisconsin, you will need to hire experienced legal representation to defend your freedom and reputation. Attorney Robert J. Shane has 28 years of criminal defense experience ready to