My sister got arrested last night for disorderly conduct b/c her boyfriend lunged at her while she was holding her son and she bit his wrist in defense. She was arrested but was never read her miranda rights. Does anyone have any legal advice for her? What can she do regarding these charges?
2007-10-26 07:39:07 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She has no other records except one fine for a seatbelt violation.
2007-10-26 07:49:41 · update #1
Thanks for the Miranda rights clarification.
2007-10-26 08:01:04 · update #2
she should get rid of her boyfriend.
2007-10-26 07:50:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No... she is not free of anything. Police do not have to read you your "rights" upon arrest. This, accroding to the Supreme Court, is something glorified in TV shows. They eventually do have to read her Miranda Rights but only if certain situations exist. Her is an excerpt from the law:
Police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Furthermore, if public safety (see New York v. Quarles) warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant.
So as you can see being read your rights has nothing to do with being arrested but more for interogation and questioning. This will not take place for such a minor offense. Unless, they decide to prosecute. If that happens then they must go back and read her her rights.
2007-10-26 07:51:10 · answer #2 · answered by daven71 4 · 0⤊ 0⤋
She has a self defense and defense of others defense she needs to assert.
This is generally a misdemeanor, so unless she wants to spend the money, she doesn't necessarily need an attorney, but an attorney could help the charge go away. Mostly a decision to hire an attorney is up to the person.
Also, no Miranda warnings need be given unless you intend to interrogate someone. Since it appears the cop may have been right there, he may not have intended to interrogate her and had no need to give Miranda. Remember, Miranda is only required in the custodial interrogation context.
2007-10-26 07:50:18 · answer #3 · answered by scottclear 6 · 0⤊ 0⤋
Here is a situation that happened to me that is similiar to yours....
My sister (who is annoying at times) came over to my home to start some crap.... I just moved in there I was in the kitchen area and she was standing by the door and I had a baby in my hands also and well her mouth started running and I told her to shut up and get out of myhouse like 10 times and she wouldn't so i put down the baby and helped her out the wrong way.... well she reported it a cop came and gave me court papers for 5th degree assault...
Well when I went to court it got dropped down to a disorderly conduct for the fact that I told the judge that I warned her before something happened and it was a sister fight and basically all I got out of it was 150.00 fine...
So for that charge that maybe all you get but I would talk to a public defender for sure and explain to him the situation.
2007-10-26 07:51:16 · answer #4 · answered by mcdspurple 3 · 0⤊ 0⤋
She should wait to see if the charges are indeed filed. Then she should seek legal counsel. She will be entitled to a public defender if she cannot afford an attorney.
2007-10-26 07:45:05 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
If she did not get read her rights then she may not be arrested, just detained until the situation cools off. It also gives the other party time to decide weather or not they want to file charges.
Does she have any prior records?
2007-10-26 07:48:18 · answer #6 · answered by Dawg Star 2 · 0⤊ 2⤋