Legal Question in Criminal Law in Montana

Husband of 8 years was accused falsely 10 years ago

My husband was recently arrested on a charge he was accused of 10 years ago, we were told was dropped soon after the accusations were made because the accuser retracted thier statement. we were never aware of a warrant, nor do I have any doubt of his innocence, yet he was not read his miranda rights nor will they let him contact an attorney. Where do I begin to fight this? I have allready contacted aclu, what else can I do?


Asked on 5/02/03, 2:32 am

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Husband of 8 years was accused falsely 10 years ago

The obvious is hire an attorney, but I don't know if you have the means to do that. Your husband needs the assistance of an experienced criminal defense attorney. Miranda rights do not have to be read to an individual if law enforcement is not going to interrogate the individual or if the individual is not in custody. The individual must both be in custody and law enforcement plans to interrogate before it is mandatory to inform the individual of his or her rights per Miranda. With just the little bit you have set forth in your question, it sounds like an interesting case. A lawyer would have to know much more in order to advise you further and you may contact me personally by telephone if you wish to do that. 406-755-4400. I will try to supply you with the names of some good lawyers in your area. Your husband should ask for a public defender if you do not have the means to hire a lawyer. Good Luck.

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Answered on 5/02/03, 11:21 am


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