What can I legally do if I was detained as a victim, arrested the next day and was charged? 1 Answers as of February 13, 2014

I was made to walk home from a town over in which I could not go anyway with injuries all over my body. The chief of police detained me immediately upon arrival on the scene. The defendant lied and said I cut him with a knife and it was later determined that it was a lie. The defendant and his witness both lied in their statements and I still have to go to court. If I’m a victim and was charged cuffed and not read my rights, where is the justice? This is in upstate New York.

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Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It should come as no surprise that people lie to the police. In my experience police officers do not try and sort out who is lying and who is telling the truth. Instead, they make an arrest and let the prosecutor sort it out. Thankfully you are presumed innocent but it sounds like it's the word of two people against you. You will need to get a strong defense attorney who can cast doubt on the credibility of the two people accusing you. Miranda warnings only apply when you are being questioned and already under arrest. If they should have been given and weren't then your lawyer may be a able to get statements made to the police suppressed. Good luck.
Answer Applies to: New York
Replied: 2/13/2014
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