should i hire a lawyer

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should i hire a lawyer

I came home drinking my girlfriend and I argued she pushed me I pushed back one of our neighbors called police I guess when police arrived we were in house sitting on couch eating nothing going on it was over knock on door I answered when I did officer reaches in pulls me out the door cuffs me puts me in car did not buckle me in did not read me my rights at anytime kept slamming brakes on way to jail forcing me into the cage charged with domestic assault

Asked on April 8, 2018 under Criminal Law, Tennessee

Answers:

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

Answered 2 years ago | Contributor

Since this is a criminal matter, you would be well advised to consult directly with a criminal defense attorney. The fact is that even if your girlfriend should not want to cooperate with the authorities, so long as there is enough other evidence sufficent to support a conviction, the case can still go forward. Further, not every person arrested need be "read their rights", that is be given the Miranda warning. The warning need only be given if the suspect has been arrested and then questioned. If no questioning takes place (other than that incidental to the booking process), the warning need not be given. 


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