What happens if I was never read my rights during an assault arrest? 3 Answers as of April 04, 2011

I was sitting down eating dinner when I heard people yelling outside. I got up looked out my window and saw two girls attacking my mother in law. I went outside and attempted to ask what was going on when the girls ran at me. I had no time to do anything but defend myself. Before I knew it I was on the ground. Finally everything was broken up, or so I thought when all of a sudden a girl came out of her house with a bat. Then some other guy came running out and my husband was there. I dont know where they came from but they had obviously been fighting there faces were all marked up. They started yelling at each other. I went to go back to my house to call the cops when they pulled in my driveway. The cops started questioning me. Then they said that I attacked some guy with a pipe. I said I never had anything. They put me in handcuffs and in the cop car. They sat there telling me we know you did it admit it. I said I never hit anyone with anything other than my hands and I never touched that guy at all. They then told me they were going to search my house. They then took me out of the car and brought me in my house. The one cop began searching my house. I have been having flooding in my basement and I have a rainbow vacuum which also has attachments for a shop vac that sucks up water. They found an attachment for that which they said was the weapon I used even though it had no blood, no dents or any such evidence on it. They also found a bat. They are saying that I hit him in the head and chest causing him to suffer a broken nose. I was put in jail still never having my rights read. I am now being charged with a class D felony of assault in the second degree and disorderly conduct. I have no prior record. I am wondering if I can have these charges dropped or reduced to the fact that I never gad my rights read and there was no search warrant. Due back in court on the 31st of this month. Please respond ASAP.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You should not be thinking of pleading guilty to anything in this matter. You were acting in self-defense or the defense of another (your mother) and that is permissable by the law. As for the other issues mentioned, it sounds like you have a good case overall and you should defend yourself strenuously. HIre a good lawyer and take on the prosecutor. The cops had no right to search your home without your written consent. Whatever they may have found is suppressable after a hearing,. As for your "rights" that doesn't matter unless they claim that you gave them a statement admitting something. Otherwise, it has nothing to do with anything.
Answer Applies to: New York
Replied: 4/4/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
The issue of whether and when the police have to read you your Miranda rights is fairly complicated and depends on all the facts and circumstances of the case. Generally they only have to read you your rights at the point when you are in custody and are being interrogated. You should hire an attorney- you may have a defense of self defense to the charge.
Answer Applies to: New York
Replied: 3/30/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should not have talked to the police, let them search your house, or admitted your involvement in the incident. You should have understood that you have a right to remain silent and a right to an attorney before any questions are asked of you. Most people convict themselves because they are unaware of their constitutional rights and are manipulated by the police into making statements that are used to convict them. They make it harder for the lawyer to plea bargain or fight the case. They remove the possible defense of mis-identification and often give the prosecutor a huge advantage at trial. If you need an attorney please feel free to call for a consultation anytime.
Answer Applies to: New York
Replied: 3/29/2011
Click to View More Answers: