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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26824
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter was arrested violence simple as sultry

Customer Question

My daughter was arrested for domestic violence simple as sultry at the time she flag down an officers told them she was assulted by her son father they stated they received a call for the address baby father come out said she broke in his house and assulted him in front of their son that she brought to him cop goes into house come out states she being arrested for assulted and that she brought it on herself he got scratches on his face she said he stomp me on the ground all the people out here and I get arrested yes and he probably going win now and take the baby. She was never read her right spend 5 hours in lock up ask three time for medical attention never got it until I was finally given a bail and got her out 250 dollar. I took her to the ER the doctor stated someone beat her bad contusion of chests wall also stomach wall and Bruce ribs cage. We when to court this morning yesterday but she was reading up on something on the computer and that when she realized no one never read her her right what saw call it (mera)I don't know how to spell it the judge appointed a public defender but I need to know what can we do can all charges be drop ? I ask because after a few hours of being home the cop came to my house and in formed us that the baby father when and got something called a tor and she had to hand over my grandson over to him and we are not allowed to see him until after the hearing on 5/27/15 this man and his family is trying to take my granary from my daughter all because he didn't want to help take care of his child told her to take him to court she did and his father got upset with my daughter told her that what you American women do he got a new women and he needs to take care of her.Crazy !!! I heard everything going she always have me on speaker phone even when she got locked up they locked her phone up with me still on the line I thought she was read her rights but the phone was locked up and I didn't hear it please someone help us my baby only two he turns three on the 4th of June his mom turning 30th on 22nd of the mo.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,
>My name is ***** ***** I am an experienced criminal lawyer.
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 environment.
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.