QUESTION
What happens to my son who was arrested for domestic violence against his roommate?
Asked on Jul 29th, 2015 on Criminal Law - New Mexico
More details to this question:
He was not read his Miranda rights but was jailed overnight. The incident was over a cell phone and the roommate was the one that started it. My son was also issued a restraining order and has been unable to go to the apartment they share. His assigned lawyer has told him nothing and when he asks questions, they keep telling him to wait until his hearing. The hearing is tomorrow and he still doesn't know what to expect. He has never been in trouble before.
1 ANSWER
First the failure to read Miranda warnings does not invalidate a case. If he made a statement without such warnings, the statement can be excluded. This sounds like a he said/she said situation. The court will listen to the evidence and decide based on the evidence presented. the fact that he has never been in trouble before will help a lot if the court should find him guilty. and there is the possibility that the court may find him not guilty. Either way, he and his roommate will have to decide if they will continue to room together.
Answered on Aug 05th, 2015 at 8:10 AM