a few questions about georgia’s family violence law?
bailz asked:
I’ve tried looking for information about the law online, but I’m not able to find much.. So if anyone can help me out, that’d be great.
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I’ve tried looking for information about the law online, but I’m not able to find much.. So if anyone can help me out, that’d be great.
If the defendant is not read Miranda rights after arrest (or at all) will the case still make it to trial ? Or is this automatically a mistrial?
Are the victims usually called to testify against the defendant even if they don’t want to press charges?
Twiztid- the defendent was placed under arrest and he was then questioned. Does this make any difference? Thanks for the quick answer.
March 22nd, 2010 at 5:42 am
Nothing, your rights do not have to be read to you unless;
1) You are under arrest AND
2) They plan on questioning you.
If both are not present nothing is wrong.
The victim does not press charges, the prosecutor does> As for testifying that is up to the prosecutor and/or the defendants attorney, not the victim.
EDIT: If he was arrested then questioned and not read his rights what he said is not admissible in court (his lawyer, if he has one will have to deal with that) but anything he said before he was arrested is admissible. Twiztid