If I was charged for domestic assault but was never told I was being arrested or read Miranda rights, can I get the charges dropped?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was charged for domestic assault but was never told I was being arrested or read Miranda rights, can I get the charges dropped?
My husband and I got into an argument and I smacked him and then he pushed me. Later the police came and put us both in handcuffs even though we were never told we were arrested or read our Miranda rights. We were taken to the police precinct and fingerprinted. Neither of us pressed charges against the other. We both attended the arraignment and now have a court date. He has hired an attorney but I have not. This is both of our first offense. Can the charges be dropped before the court date?
Asked on October 22, 2010 under Criminal Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There are several issues going on here. First of all, your Miranda rights need only be read to you if you are arrested and then questioned (other than for your name, address, age, etc). If you are arrested and not questioned then your rights need not be read to you. Secondly, it's not up to you to "press charges". Whether or not to prosecute a case (i.e.drop charges) is a decision that rests with the prosecutor and not with the victim. What that means, is that case may be prosecuted over your objection. While the states case would be stronger with your testimony, if there is other evidence to support the charge the prosecutor may still decide to go forward with the case.
Finally, you should take your husbands's lead and hire a lawyer. An experienced criminal defense attorney may be able to have the charges dismissed, reduced, or otherwise resolved favorably.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.