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Ever Since OJ. 243(e)(1). Miranda not given. Taken down and booked and then bailed out. How serious? I was grabbed initially.

West Hollywood, CA |

My wife was on the phone speaking to our physician. She grabs my arm over something. I pulled away, she lost her balance and fell down, doctor hearing this on the phone called the police. I was taken down and put in a holding cell, but got bail at 20K. Home that night. I have been off my depression meds, and this may have lead to my sensitive possible overreaction to my wife grabbing me. No detective talked to me. She wont file charges and detective who spoke to her at the hospital check up said that she believed it was more my not taking my meds sh that led to all this. No Miradna was read. Told not under arrest just detained. I have no records. What should I do at my arraignment?Detective told my wife that her report would say not domestic abuse but medical imbalance. Im not guilty.

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Attorney answers 3


Your question is a little hard to follow.

If you posted bail, you were arrested. People who are "just detained" don't have to post bail to be released.

Your wife cannot "file charges." The District Attorney will review the police reports to decide whether to file charges against you.

If the officer didn't read your rights after being arrested, that usually doesn't result in dismissal of the charges. It would only means any statements you made after the point where the officer SHOULD have read your rights can't be used against you.

The officer's comments to your wife may not be true. Police officers are trained interrogators and can lie during an interview to get the information they want. The courts have said it's okay for the police to lie to you in many situations.

If you can afford to hire a lawyer, you should do it BEFORE your arraignment and do what your lawyer tells you to do. If you can't afford a lawyer, ask the judge to appoint the public defender, who is a lawyer paid by the government.


If you need someone local give me a call. Im in West L.A.



Convictions for domestic violence charges can have severe consequences - the conviction on your record, a one-year long anger management class, probation, fines, restraining orders . . .

Obviously, the details in the police report are going to be important for your attorney to review, but to answer some of your questions:

Miranda: The police are required to read you your rights if you are "in custody" and being interrogated. Them saying at some point that you were only detained isn't the end of the analysis. If you were questioned in a setting where it appeared that you were not free to go, then it could be considered custodial and any statement could be suppressed. You were arrested, that's why you had to post bail. The question will be when you got arrested.

Your wife does not have to "press" charges. That decision is up to the prosecutor.

You should be consulting with an attorney BEFORE your arraignment if at all possible. If you are unable to afford one, then ask for a public defender to be appointed. The concern is that the public defender won't know anything about your case that first appearance and the judge may issue a restraining order against you, effectively kicking you out of your house.