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Home / Opinion Digests / Criminal Law / No Miranda Violation for Presentence Report (access required)

No Miranda Violation for Presentence Report (access required)

The commonwealth did not violate an incarcerated defendant’s Miranda rights when a probation officer sent defendant a presentence report form that asked him to describe the crime in detail, and used his response to charge him with another crime; a Norfolk Circuit Court says defendant was not “in custody” under Miranda. Defendant was convicted of second ...