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Absolutely! If you volunteer a confession without being interrogated, that confession is completely admissible in court. The rationale is, if the police did not ask you any questions, you were not coerced into confessing.

If no defendant statements, then Miranda is irrelevant:
In the questioner's case, no questions were asked once he was arrested. Consequently, it was not necessary for the police officer to read the Miranda warnings. The officer will still have to prove to the judge you were intoxicated in public beyond a reasonable doubt. However, the officer can do this based on his or her testimony and/or witness observations.

Miranda reaffirmed by the U.S. Supreme Court:
Just about anyone who has watched shows about police officers and lawyers like N.Y.P.D. Blue, Homicide, and Law & Order know Miranda warnings by heart. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you can not afford an attorney, one will be appointed for you by the court. You have the right to have the lawyer present with you during questioning." Most police officers carry a pre-printed card with Miranda warnings. Recently, however, the Supreme Court revisited whether or not Miranda should survive. After Miranda.v. Arizona was decided in 1966, Congress enacted a law that overruled the Supreme Court's decision in Miranda. Just last month, the U.S. Supreme Court reaffirmed its decision in Miranda by ruling the warnings are rooted in the US Constitution and could not be overruled by the U.S. Congress. Therefore, it looks like Miranda warnings are here to stay – at least for the foreseeable future.

As a practical matter, if you are ever arrested, and you hear a police officer reading Miranda warnings, that is your cue to keep quiet and say nothing. In most cases, you hurt yourself by speaking after being read Miranda warnings.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.

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