I called the police on myself because I stabbed my boyfriend after he hit me and pulled my hair out. I went to jail for the night but was not read my rights?

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I called the police on myself because I stabbed my boyfriend after he hit me and pulled my hair out. I went to jail for the night but was not read my rights?

We got into an argument. He grabbed me
by my hair then hit me. In defense
during the fight I stabbed him. My
brother broke the fight up and I called
police and told them I stabbed him and
need him out of my house. We both were
arrested but I was not read any rights.
I am currently out on bond and have
court May 20. What should I expect and
how should I plea?

Asked on April 16, 2019 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You really need to consult directly with a criminal law attoreny as to what exactly to expect and how to plead. they can best advise you after hearing all of the detail of your case. That having been said, with respect to not having been your rights, you may or may not have a claim. The fact is that if a person is arrested and then questioned without having been read their rights, then any information obtained as a result of such questioning is inadmissable in court. However, if you are arrested but not questioned, other than questions incidental to the booking process (i.e. name, DOB, address, etc.), then you have no claim.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You really need to consult directly with a criminal law attoreny as to what exactly to expect and how to plead. they can best advise you after hearing all of the detail of your case. That having been said, with respect to not having been your rights, you may or may not have a claim. The fact is that if a person is arrested and then questioned without having been read their rights, then any information obtained as a result of such questioning is inadmissable in court. However, if you are arrested but not questioned, other than questions incidental to the booking process (i.e. name, DOB, address, etc.), then you have no claim.


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