Legal Question in Criminal Law in Iowa
I was arrested and charged with simple assault, but they never read me my miranda rights. I have never been in any trouble before and I want to know if I am better off just pleading guilty or trying to fight it. What is the fine for simple assault and is there any jail time?
2 Answers from Attorneys
The failure to provide Miranda warnings may or may not be a deciding issue in your case. This is much too public of a forum to advise someone on whether or not to plead guilty. You should consult with an attorney in order to receive proper legal advice. Often times, people regret years later pleading guilty to simple misdemeanor offenses that will always be on their record.
I agree. Unless there is custody AND interrogation Miranda does not apply. It's a common misconception, reinforced by television, that one must be read Miranda when arrested.
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