Domestic Violence Charge After Argument, Property Damage

My question involves criminal law for the state of: sc



my husband and i where having an arguement and i busted our tv.the cops came we where still arguing no threats where made to one another and i was arrested for cdv 1st. my husband told them not to there was no problem and thats what he wrote on the report.he is going to go to court to tell the judge the same thing.what are the chances of my case being dropped to disturbing the peace instead? not including the officer never read me my rights during the arrest. they say he has no say so us argueing and him calling is all it took its out of our hands? but i am wondering about him not reading my rights when i was arrested at all? they say sc has the no drop policy so it can not be dropped but lowered maybe?does that help me to.

Contrary to what you see on TV, there is no requirement that you be read your rights when you are arrested. They only need to read you your rights before you are interrogated and only then if they expect to use what you say against you in court. So no, that does not help you at all.

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Quoting sunshinekisses1980

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my husband and i where having an arguement and i busted our tv.the cops came we where still arguing no threats where made to one another and i was arrested for cdv 1st. my husband told them not to there was no problem and thats what he wrote on the report.

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An arguement where violence is DISPLAYED, even if not deployed against the other party, is going to fit "domestic violence". Such violence reasonably puts the other person in fear, and generally, that's all it takes. If there was "no problem", no one would have called police.

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he is going to go to court to tell the judge the same thing.what are the chances of my case being dropped to disturbing the peace instead?

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Only the prosecutor in your county can answer that question.

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not including the officer never read me my rights during the arrest.

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Unless the officer interrogated you in a custodial setting, and planned to use those statements in court against you, Miranda wasn't required (as it isn't in 90% of cases).

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they say he has no say so us argueing and him calling is all it took its out of our hands?

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That's correct. Once a crime or potential crime has been reported, police have a duty to investigate and pursue the matter accordingly. Crimes are considered to be committed against ALL members of society, not just the immediate victim, and no victim has the power to say that it's ok for a crime to be committed or to authorize police or the prosecutor to treat a crime as a non-crime.

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but i am wondering about him not reading my rights when i was arrested at all?

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read THIS

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they say sc has the no drop policy so it can not be dropped but lowered maybe?does that help me to.

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It could. Depends on the strength of the state's case. This is something you should be discussing with your attorney.