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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My fiance and i were in serious argument that resulted in

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My fiance' and i were in serious argument that resulted in him pushing me. I hit the door and fell to the floor. As a result of that shove, my coccyx (tailbone) is badly bruised and my left arm fractured. I truly do not know how the fracture happened as I do not recall falling on it. I did call police, he was arrested in our home and NOT read his rights. He was taken to the "drunk tank" with other intoxicated men as well as men on drugs. He spent 36 hours there while EVERYONE else there was arraigned and released within a matter of LESS THAN 12 hours. He was NEVER arraigned, not on camera court or any other court. He was sent home on some sort of house arrest thing where he has to wear an ankle bracelet thing. He was given one hour to get to work, one hour to get home from work. He has to break the speed limit to do that. When he explained the time frame issue, the home incarceration sheriff said an hour was plenty of time. He was also ordered no contact with me and me no contact with him. I was threatened with charges if i contacted him in any way, including "smoke signals." my sister picked him up and gave me the information (except the threat of charges to be brought against me; the sheriff told me that directly. he does not go to court for 18 days and that will be the first court appearance. Have his rights not been violated? Do we not have the right to see each other if we BOTH want to do so? his shoving me would not have happened had he not been drinking. According to my sister, he poured all the alcohol out when he got home and said he is getting professional help with the drinking and will never drink again. We are in desperate need of help, information and advice. One last thing, this was his first offense ever; he is 51.

It is unlikely his rights were violated. He is required to have an initial appearance before a judge on the issue of bail "without unnecessary delay," which the courts have found to be less than 72 hours, depending on whether a weekend is involved or not. It is likely that his charges are far more serious than the other people he was locked up with, since you sustained a serious injury.

Since he has been released, he is not required to have the preliminary hearing until 20 days after his arrest. If he were still in jail, the courts are required to hold them within 10 days.

The reading of the rights is a myth perpetuated by TV. They are really only required to read the rights if the police intend on conducting a custodial interrogation after the arrest of the suspect.

There is no "right" to see one another. The courts are allowed to impose a no-contact order as a condition of release, particularly in a domestic violence case. You can ask the court to lift the order, and the judge may do so if he is satisfied that you will not be in any danger, but is not required to. Given the nature of your injuries, the court may decide to keep it in place. If either of you do anything to violate the no-contact order, including having contact via third parties, his release could be revoked and he could be sent back to jail pending the trial.

The best thing he can do is to get a lawyer, to continue with alcohol treatment, and to obtain counseling and/or anger management. The fact that he has no record will help him. Usually for a first offense the court will grant probation, although because this case involves a serious injury the prosecution may try to seek some kind of incarceration. The more he can do to demonstrate to the court that he is taking the proper steps to ensure that this will not happen again, the more it will help him to get a probationary sentence.
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