What to do if my husband and I got into an argument and cops were called so he got arrested with domestic battery but I want the charges dropped?

I already told the prosecutor that I want the charges dropped. The statement the officer wrote did not match anything I had told him. Also, they never read my husband his rights. What will happen? Can we fight this with the statement being wrong and them not reading him his right.

Asked on February 20, 2015 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 Actually, whether or not to drop criminal charges rest with the procesutor's office and not with the alleged victim; this is true whether or not the victim is cooperative. That having been said, if you dispute the police report, this may act as a detergent to go forward with the case (but it may not depending on other facts). As for your husband not being read his rights, the fact is that the Miranda warning need only be read to a person after their arrest if they are to be questioned; if they are not questioned then they do not legally have to be given their rights.

At this point, your husband needs to consult directly with a criminal law attorney; they can best advise him after hearing all of the details of the incident.


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