When arrested on a domestic violence charge?

Question

is it required the cop read you your rights?

a family member of mine was arrested for a bogus charge, put in a holding cell, questioned, then taken to county because that city doesnt have a jail...

they first tried to say she hit her husband when in reality she wedged between him and the computer he was trying to take...and neither one of them invited the cops into the house

her husband is also friends with these cops...thats why i'm questioning...also i really have no clue how this is handled...i've never been in trouble with the law

Answer 1

NO!

If the police do not ask any questions, they do not have to advise you of your rights per Miranda.

Example. John and Martha get into a fight and John runs off before the police arrive. The police interview Martha, ensure that Martha gets any needed medical attention, take photographs, take a taped statement, interview any witnesses and gather any other evidence that a crime occured. The police then write their report and send it to the District Attorney (State's Attorney, State's Prosecutor - whoever is the State's representative in Criminal Judicial Proceedings) and the DA accepts the case.

Since John has not been located, the DA requests a warrant be issued for John's arrest. The judge agrees and signs the warrant.

Three weeks later, John is located during a traffic stop in a neighboring state. A records check indicates that John has a warrant and the police arrest John. They do not read him his rights per Miranda. They do not know any details about the fight with Martha so they do not have any information on which to base any questions about the incident. THEY DO NOT ASK HIM ANY QUESTIONS.

When the matter goes to trial, John brings up the fact that no one advised him of his rights per Miranda.

The police say that since John made no statements, there is nothing he said that can be used against him in court.

The rest of the evidence has been lawfully obtained. The trial proceeds as scheduled.

Most of you watch too much TV.

Answer 2

In America...
Police can enter your home without your permission if they have reason to believe a crime is in progress, struggle or arguement is more than enough just cause.
Police can detain you without arresting you (Filing criminal charges) depending on the State you live in they can hold you for up to 72 hours. Police do not need to inform you of the point and time where the press charges they just file the paperwork and you go from detained to arrested when the paperwork is dated. They cannot try you for a criminal offense without arresting you. They can absolutely arrest you without reading you your rights but they cannot use any evidence gained from the time they take custody of you unless you've been read your Miranda Rights or a lawschool student could get the charges thrown out.
Pretty much any one who's taken before a judge on a criminal charge must be arrested first unless the area you're in is increadibly informal but a judge cannot make any decision on your guilt or innocence unless charges are brought against you. it is, however, possible that he could throw a case out before you are charged.

Answer 3

no. it is not mandatory that your rights or the Miranda Rights be read to you when you are arrested for any charge. Some departments perfer their officers to read them to anyone that they arrest, though it is not something they are bound by law to do. The only reason they would read them to you is if you're being held for questioning about another crime.

On a Domestic situation, the parties envolved do not have to invite the responding officers into the house or whenever the domestic is occuring if inside a residence. the officers or deputies have full authority to come in to make sure no-one is seriously hurt of if the parties in question are still fighting or not. as for as the officers asking is she assaulted her husband, there is no need to read them their rights to determin who the aggressor was in the situation. also, for just a little more info, in a domestic situation, if an aggressor is not determined, both parties envolved usually get arrested.

Answer 4

In a situation such as a domestic disturbance, officers don't have to be invited into the residence. That is considered an exigent circumstance and they may forcibly enter. As for the CDV charge, all the victim has to convey is a fear for his/her safety. Physical contact does not have to take place. With the Miranda rights, they only have to be advised immediately prior to questioning with regards to the specific charge. General questions don't require Miranda (i.e. name, DOB, etc.). Very rarely will arresting officers interrogate someone in custody, that's usually left to a supervisor or detective. With the computer, that's civil matter and will have no bearing on the CDV.

Answer 5

Yes it is required that you have your rights read to you. In most states if the neighbor calls and when the cops get there and hear the couple fighting they have the authority to enter the house to stop the threat no matter who is at fault. Many times both couples get charged with domestic disturbance. There is also a difference between disturbance and violence

Answer 6

No,they do not have to read you your rights.I can tell you from experience you have no rights at all.The cowards can do whatever they want to you,Like breaking into your home.All they gotta say is " I had probable cause".They are all liars so nobody has a chance.And you do not have the right to remain silent.I was arrested for not answering questions,Resisting an officer.The only thing lower than a cop is a child abuser,and thats questionable.

Answer 7

The police only have to read someone their rights when (1) they are going to ask inciminating questions and (2) the person in question is in custody. Some departments and agencies will advise someone of their rights upon any arrest, but that is dictated by either state law or their local policies.

Answer 8

I can tell you but would you say thank you? After all, you have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney, if you cannot afford an attorney one will be provided for you. Close enough.
YES--- rights are to be read under every circumstance of arrest.

Answer 9

Yes, arrested on any type of charge it is required for them to read you your rights...

Answer 10

They usually cover that when you are arraigned, there is usually a group video arraignment the next day where that is covered.

Unless you are being held for questioning it is not required. Alot of people think differantly because of television.