Legal Question in Family Law in Georgia

I got into an argument with my husband in which i pushed him roughly while my son was asleep in the other room (4 months old). After the argument I need to just go and cool off so I went into the room and my husband had my son as i reached for my son my wedding ring scrapped across my husbands lip which caused him to bleed (OBVIOUS ACCIDENT). after I left are home with my son the police arrested me with domestic battery and cruelty to children in the third degree. I have no record of any kind not even a traffic ticket will I go to jail for this? Also the police did not read my rights and also a male cop frisked me and arrested me no female cop was present!!


Asked on 10/29/11, 8:39 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Get a lawyer ASAP. You need one.

There is NO requirement to read people their rights. (A case called Miranda does require that you be read rights IF police intend to take your statement after your arrest, as without a Miranda warning, most statements you make are inadmissable).

It is very normal for police to frisk criminal offenders. It's necessary, as they often get shot and hurt in domestic violence cases. Had he not done so, he would not have been doing his job.

Now calm down, can the anger to the police (who were REQUIRED by Georgia law to arrest you given the visible injury and the presence of a minor) and get a good criminal lawyer. The police did their job, and frankly it is inappropriate to shove spouses. Your case will probably go better if you do anger management courses before trial (discuss this with your lawyer).

You potentially can go to jail for two years. Given that you do not have a record, many lawyers will work out things like pretrial diversion (with anger management) as an alternative to going to jail. Good luck.

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Answered on 10/29/11, 8:47 pm


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