Virginia Solicitation of a Minor Defense
Va. Code § 18.2-374.3 requires law enforcement to respect constitutional safeguards during custodial interrogations in online solicitation investigations. Any statements obtained after defective Miranda warnings are subject to suppression, a principle that mirrors federal protections in interstate enticement cases under 18 U.S.C. § 2422(b).
In Commonwealth v. Delcid, Record No. 1957-19-4 (Va. Ct. App. Apr. 28, 2020), the defendant was arrested for online solicitation of a minor. During questioning, the detective presented a Miranda form but told the defendant the right to appointed counsel was “more for court” and “not exactly right this second.” The defendant waived and made incriminating statements.
The Virginia Court of Appeals affirmed suppression, ruling that the detective’s explanation rendered the warnings misleading and the waiver neither knowing nor intelligent. This decision is critical for attorneys handling Virginia computer solicitation of a minor cases, as it reinforces the precise requirements for valid Miranda advisements and helps prevent statements from being used in both state and potential federal prosecutions.
If you are under investigation for Virginia computer solicitation of a minor, our firm can immediately evaluate your case and protect your constitutional rights.