i was arrested for domestic violence last night i was never read my rights. does this dismiss this case? if not my wife did not want to press charges
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
i was arrested for domestic violence last night i was never read my rights. does this dismiss this case? if not my wife did not want to press charges
Asked on June 30, 2009 under Criminal Law, Ohio
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You only need to have your rights read to you if the police want to question you while you're in custody. If they never do more than get identification information from you, Miranda doesn't apply. The domestic violence laws can differ somewhat, from one state to another, but ordinarily, if the police see physical evidence of domestic assault, such as cuts or bruises, they can prosecute the case whether your wife testifies or not. This is a potentially very serious matter, and you should have a lawyer representing you. One place to look for an attorney is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.