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The ABCs of Dealing With Domestic Violence

Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.

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The ABCs of Dealing With Domestic Violence

Misconceptions About Miranda Rights

by Gina Hill

Many people are familiar with Miranda rights because of movies and police dramas on TV. Under certain circumstances, police officers are required by federal law to inform a person of these rights when making an arrest. If they don't do so, this can cause problems with the prosecution's case.

If you've been charged with a crime and you didn't hear your Miranda rights, you may be hoping to have the charges dropped. Unfortunately, the issue usually is not so straightforward. Nevertheless, you still should tell your attorney everything that happened during your interaction with law enforcement. 

Miranda Rights

Technically known as the Miranda warning, Miranda rights provide essential protective measures for a person taken into police custody. Fundamentally, the person does not have to answer any questions from police. The warning includes a statement that if the individual does provide any information, the prosecution can use that information against the person. 

The U.S. Constitution also guarantees the right to have defense counsel. The arrested person can hire a lawyer to be present during questioning, or the court will appoint a lawyer at no charge upon request. 

An attorney is extremely valuable for reinforcing the right to remain silent. Simply having a lawyer at the scene may stop the person from making any self-incriminating remarks out of confusion or fear. 

Misconceptions About Miranda Rights

People commonly think that if an officer doesn't recite these rights to an arrested person, the charges will be dropped or the case dismissed. In actuality, the rights only focus on the questioning after an arrest. If there is no interrogation after the arrest, there is no need to read the person the Miranda warning. 

Even if law enforcement does question the arrested person without reciting the Miranda rights, that doesn't mean the prosecution will drop charges or that a judge will dismiss the case. All it means is that anything the person said during this questioning cannot be used in the case. 

Sometimes this is crucial. For instance, if you confessed to a crime without hearing the Miranda warning, that evidence is inadmissible. This can greatly damage the prosecution's case. However, there may be other strong evidence against you that the prosecution can use in an effort to convict. 

Tell Your Lawyer the Details of the Arrest

You will still want to tell your criminal  defense lawyer all the details about what happened when a police officer first approached you, before and during your arrest, and what happened after you were taken into custody. Even a seemingly insignificant technical error by law enforcement can work in your favor. 

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