Legal Question in Criminal Law in Iowa

My boyfriend and I live in a apartment together with our one year old daughter. He recently had a dispute with the neighbors who lived on the 1st floor. ( we live on the second) the dispute started at a party of a mutual friend. During the party our girl neighbor started verbally attacking my boyfriend. After arguing for alittle bit my boyfriend decided to walk out of the party, as he started to leave he threw a shot glass on the ground. The girl began to follow my boyfriend outside and stepped in the glass. Once they got back to our apartment they contined arguing in the parking lot. The big entry door is glass and was shattered by john doe. The girl neighbor and her boyfriend called the police and filed a report saying my boyfriend broke the glass and assaulted her because she stepped on glass that he threw. They were the two only witnesses that claim my boyfriend broke the glass door and they also claimed he assaulted her from the shot glass incident. Once police gatherd the statements from the neighbor, they came up to our apartment where my boyfriend was now sleeping. They woke him up and he confessed to breaking the glass door . But he was never read his rights and he was half asleep and still drunk when he confessed. He was already in handcuffs before he confessed. Meanwhile a kid that is friends with the neighbor is running around the apartment with bloody hands dripping everywhere, extremely drunk and the cops never questioned him about the blood or anything. Well, my boyfriend was charged with assault simple and 4 th degree criminal mischief. I bonded him out of jail about 8 hours after he was arrested and he has court and we want to plead not guilty for any if it. There is no proof my boyfriend did or didn't break it. Except the two witnesses who are boyfriend and girlfriend and live together on the first floor of our same complex who already don't like my boyfriend and were drunk too, and his confession to the police upon arrest. He has court on the 31st and this all happened on 22nd. what would be the best option to plea. guilty or not guilty. He is also on probation.


Asked on 7/23/12, 6:42 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

A person may be arrested without being read their rights if they're not being interrogated. Spontaneous admissions of guilt are also admissible in the absence of miranda warnings. He ought to talk with his attorney.

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Answered on 7/24/12, 6:00 am


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