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

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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 12 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


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