>My name is ***** ***** I am an experienced criminal
Your daughter will have to go to family court in order to work out her custody rights. She will also have to deal with her criminal case, because until it is resolved the court will likely keep the child out of the home rather than in a violent
It would appear from what you said that your daughter may have been the victim of the crime rather than the wrongdoer or, at least that the police should have arrested both of them. In any case, she cannot count on the case being dismissed right nnow unless the complainant wishes to drop charges and the prosecutor is willing to let him do it. Even though she was not read her Miranda rights
, that doesn't matter.
People who are not lawyers frequently think that if you don't get Miranda warnings, your case can be dismissed. That's not true. Miranda stands only for the principle that you do not have to submit to post arrest interrogation
. If your daughter was never interrogated about this incident once she was placed under arrest, then Miranda warnings aren't necessary,
If she WAS questioned, then, yes, she should have been Mirandized. If she wants to fight the case, she will be able to get a hearing on whether her rights under Miranda were violated. If they were, then any confession she made will be kept out of her trial
because it was obtained unlawfully.
Get photos of your daughter's injuries. Get her quickly to the doctor and give the photos and the medical reports to her court appointed lawyer and tell the lawyer that she was the real victim. He can present that information to the prosecutor and see if the prosecutor will reevaluate the case and dismiss or reduce it.