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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 07-17-2005, 11:52 PM
katya katya is offline
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Join Date: Jul 2005
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Default Wrongfully accused and not read Miranda rights
My boyfriend was wrongfully accused of hitting this girl when they were just playing around with paintball guns and he had not even touched her with that, yet they believed the friends who told her. they told him they were taking him in for questioning and BOOKED him there without even reading him his miranda rights. Did not let him have a chance to tell his side of the story did just as stated. Is there anyway for him to get the case thrown out for the miranda rights not being read? Is there anything at ALL that can be done? Please help, I am going crazy trying to find something.
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Old 07-18-2005, 08:41 AM
aaron aaron is offline
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Location: Michigan
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Default Miranda Rights
Please review this article about Miranda Rights. They relate only to custodial interrogation, and the failure to read them similarly affects only the admissibility of a custodial interrogation.

Your friend, if charges proceed, will get a chance to give his side of the story. He should consider consulting with a criminal defense lawyer.
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