I have been accused of breaking my live in girlfriends phone which is a misdemeanor the state is charging me and calling it a domestic violence . ther

There are multiple ways to commit domestic violence in Arizona. You don't have to hit someone to commit domestic violence. A person can commit domestic violence by disturbing the peace of an intimate partner, live in relative, immediate family member, or roomate.  Domestic violence includes damaging property. In this instance, it sounds like your domestic violence charge is predicated on criminal damage. Sufficient evidence for an arrest is not the same as sufficient evidence for a conviction. For example, if whoever called the police reported that you broke the phone, or neighbors claimed they heard yelling or something breaking, or if your girlfriend told police you broke the phone, that is enough to support probable cause. To convict you, the State must prove beyond a reasonable doubt that you broke the phone. This is a higher standard of proof than what is required for arrest. You should expect that the prosecutor is going to produce direct or circumstantial evidence (both types of evidence count) to support the charge against you. If they can't, the charge will be dismissed. Many people wrongly think that their arrest is automatically illegal if the police do not read them Miranda warnings. Miranda warnings are only required in the following circumstances (for adults): 1) You must be in custody (the legal standard here is that a reasonable person would not feel free to leave; AND 2) You must be subject to questioning. What counts as questioning? Any question or statement that is designed to elicit an incriminating response. The court advising everyone of their rights over a loudspeaker at an initial appearance is done as an extra protective measure to make sure that everyone is at least aware of their rights. It is legal.