I was brought in on charges for supposidely telling a girl my husband was cheating on me with that I was going to kill her. I wasn't told about what I was being brought in for and wasn't read my rights until over an hour later. Can the charges be dropped since they didn't arrest me properly?? They want me to go in and sign something after over a month of not hearing back from them.
3 Answers from Attorneys
If you have charges filed against you, you need to get an attorney. This is not a home improvement project that you can figure out how to do on your own by watching a couple of youtube videos.
A little free advice you should have already followed: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. That certainly means do not 'go in' or 'sign something'.
Whether there are grounds for a Motion to Dismiss or to Suppress Evidence will be determined after review of all the facts.
When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential ‘time’, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I’ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
There is no requirement that you be told what your charges are when you are arrested. Nor is there a requirement that you be read your Miranda rights. The only time you must be told what are charged with is when and if you are arraigned in court. The Miranda rights only govern the use of any statement that you make in court. The wise thing is to say nothing and then there is nothing to use against you in court. This goes for both before and after the Miranda rights are read to you, There are enough exceptions to the Miranda rule that you should say nothing regardless of whether they read you the Miranda rights. You do have an absolute constitutional right to say nothing and you should take advantage. That includes saying nothing that might incriminate yourself on line.
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