Legal Question in Criminal Law in Texas
An individual on 10 years probation for 3rd DUI, is attacked on his property by another person and he defended himself. County Sheriff's office arrives and arrests him not the attacker
According to him he was never read his rights. Can this be proven? Also, can he file charges against his attacker and if so how does he go about it?
Asked on 8/13/09, 3:03 pm
1 Answer from Attorneys
Robert Tuthill
Law Office of Robert H. Tuthill
The officers do not have to read him his rights unless he said something in custody that the state would like to introduce into evidence.
Yes, charges can be filed against the attacker. He would have to contact the local prosecutor's office. The problem is that most prosecutors wont prosecute someone who is a "victim" in one of their cases they are already prosecuting...
Answered on 8/15/09, 2:48 pm
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