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Should my case be dismissed?

I was recently arrested for simple battery on marta public transportation and the marta police came to my job and arrested me. The officer who arrested me did not read me my rights. They charged it as a misdemeanor and this is my first time ever getting arrested. How should i handle the situation?

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Attorney answers (3)

Reputation Level 11
From the details you provided, I don't really see legal grounds for a dismissal of the charges. If you were subjected to custodial interrogation (e.g., interviewed regarding the facts of the case after your arrest), then you may be able to get the statement suppressed. However, even if this happens, it is unlikely that the case will be dismissed so long as the victim or other witnesses are still willing to testify against you.

Reputation Level 13
You should hire a lawyer to represent you and should not discuss the matter with anyone (or post any more facts on line) until you have consulted with an attorney. If the police attempt to interview you (which is unlikely at this point), you should decline to answer any questions without an attorney present. You do not want to end up with a violent crime conviction on your record, and hiring a lawyer with experience handling criminal matters will maximize the chance of coming through this without such a conviction.

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Reputation Level 12
I agree that you should immediately hire an attorney and not discuss the case with anyone, or post any details online. Battery is a crime of violence, and apparently the Marta Police felt that the crime was serious enough to track you down and arrest you at your work. I suggest you hire an experienced criminal defense attorney immediately.

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