QUESTION
For domestic violence, rights weren’t read but continued to questions, will case be dropped?
Asked on Feb 15th, 2017 on Criminal Law - California
More details to this question:
So my girlfriend and I (lesbian couple) got into a small argument that involved pushing and a couple slaps. My girlfriend called 911 because I made a threat to hurt myself if she didn't leave me alone in hopes of getting an ambulance to calm us down, instead sent cops. My girlfriend has 2 scratches on her neck and one on her ear. I have bruising to the right side of my face. After saying everything that happened and due to my makeup covering all my bruising they decided I was the one going to jail and facing felony charges. They handcuffed me and put me in the back of the cop car and then one of the cops came over and asked questions and one question that stood out was honestly how often you fight. My girlfriend and I didn't want anyone to go to jail. Still are planning on getting married, no one wants to press charges. I also read that once in police custody, if they don't read you your rights, they can't ask you anymore questions. I’ve never been arrested or anything in my life. I'm much known for my volunteer and community service in the area. I have 2 jobs. And like I said my girlfriend and I don't want to have any charges and want this to just go away. I am already facing a lot of problems with my reputation because of this, I am just wondering if the charges will just go away or not. I was bailed out of jail by my parents and she and I have my arraignment soon. I'm just wondering what I should expect.
3 ANSWERS
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Your question is too difficult to answer in an online forum. I suggest you contact some attorneys and get specific guidance based on a careful review of the facts of your case. You have options, but it is best to discuss them confidentially with a lawyer.
Answered on May 03rd, 2017 at 8:01 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. As to what to expect, that will depend on the information contained in the police report, and the extent of the injuries to your girlfriend. The D.A. will determine whether or not to file charges and what charges are to be filed, including whether or not to file as felonies or misdemeanors. I would suggest that you hire an experienced criminal defense attorney to represent you. Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.
Answered on May 02nd, 2017 at 7:34 AM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth ?prior? to cuffing you, so Miranda rarely applies. FYI prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. You need a good lawyer.
Answered on May 02nd, 2017 at 7:33 AM