What to do if I was charged with battery family violence but I was never given the opportunity to make a written statement nor read my rights?

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What to do if I was charged with battery family violence but I was never given the opportunity to make a written statement nor read my rights?

My soon-to-be ex-wife gave her statement which included lies about who started the physical confrontation, who owned the property the confrontation was started over, and excluded parts of the confrontation. Am I screwed since she has already made her statement and it’s her word against mine or is there something I can do to defend myself in this case?

Asked on February 23, 2013 under Criminal Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you consult with a criminal defense attorney about your matter and not make any statement that could incriminate you. Based upon what you have written, you were not required to be read your rights because you were not arrested and taken into custody.


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