The Police Didn't Read Me My Miranda Rights

The police don't necessarily have to read you the Miranda "rights" or warnings for you to be arrested, charged, or convicted of a crime.  As a brief overview, the name Miranda comes from the case Miranda v. Arizona which was heard by the U.S. Supreme Court.  384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).  The U.S. Supreme Court stated in Miranda that if law enforcement takes statements from a suspect during a custodial interrogation, they must read the suspect the Miranda warnings prior to the questioning.  If they do not, it may violate your Fifth Amendment right against self-incrimination, and law enforcement may not be able to present those statements at an evidentiary hearing.  There are exceptions to this rule, and there is a voluminous body of case law that details the Miranda warnings and what a custodial interrogation is, etc.
A violation of a defendant's Fifth Amendment rights could affect a Battery Domestic Violence case.  Many times law enforcement's case hinges on a statement that was made to an officer who arrives at the scene shortly after the alleged incident.  An attorney needs to carefully review the case, and, depending on the overall strategy in the case, prepare a request to the Court to disallow the presentation of the statement in question at trial.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Statements Made at Hearings for Protective Orders

In order to extend a Protective Order past the initial 30 day temporary period, a hearing must be held in which the Applicant has to affirm the facts alleged in the application under oath.  At this hearing, the Adverse Party may present testimony to the contrary.  Unlike most criminal actions where Defendants have the right to counsel and are protected, there is no right in this context.  Adverse Parties must be very careful as to what they present because statements made at the hearing regarding the protective order are admissible at subsequent hearings, like criminal or civil trials.  The relevant part of the evidentiary code is stated below.  "Hearsay" means a statement offered in evidence to prove the truth of the matter asserted unless:
 1. The statement is one made by a witness while testifying at the trial or hearing;
 2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with the declarant's testimony;
(b) Consistent with the declarant's testimony and offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving the person; or
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; ...
NRS § 51.035
Many times non-lawyers do not realize that they are making admissions to criminal acts or civil liability when they are under oath at these hearings.  This is another reason to retain counsel before the hearing to extend a protective order. 
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Defendants' Conversations with Witnesses Under Subpoena

In Domestic Violence cases, many times alleged victims, who are under subpoena or will be subpoenaed, and Defendants in cases still associate with one another.  They are husbands and wives, boyfriends and girlfriends, etc.  Defendants in these situations need to be very careful as to what they say to alleged victims in these situations because certain statements could constitute criminal acts.
For instance, certain statements could be considered preventing or dissuading person from testifying or producing evidence.  Nevada law states, "A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:
1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor."
NRS 199.230.
Statements by Defendants to alleged victims about appearing in court, or even discussions about the perception of the events in question could make a bad situation even worse, especially if the relationship turns sour.  This is even more of a concern when the communication is via text message, email, or other written form.
For a more in-depth discussion of this area of law, or others that deal with subpoenas and witnesses, please contact me through georgeforjustice.com
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.