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.
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