Charged with a misdmeonor for theft
Criminal Defense Attorney
In most situations where a defendant makes statements in response to police questions when the defendant is not in custody, those statements can be used in court even if Miranda warnings were not given. "In custody" has a technical meaning and to answer whether you were in custody would require a full case review. So, the answer to your specific question is "maybe".
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DUI / DWI Attorney
If you were in custody, no. If you were not in custody, yes. As Mr. Pierce-Jones points out, "in custody" is a legal term that is very fact-specific. Generally, it hinges on whether you were free to go. Even if you were in custody, if the statements were made freely and not as the result of police questioning, they will still be admissible.
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