Legal Question in Criminal Law in New York

Re: domestic violence assaly 3rd degree

Miranda warnings are normally required prior to a custodial interrogation by the police. In certain cases failure to give Miranda warnings will result in statements that you made being suppressed, meaning the prosecutor may not use the statements against you in their direct case.

Additional evidence may also be suppressed as a result of a Miranda violation. The facts of every case is different and you should retain a criminal defense attorney who will be able to effectively review your case and determine what the legal ramifications of this Miranda violation may be.

Re: domestic violence assaly 3rd degree

It doesn't unless you were questioned by police while under arrest. It can also help if you were not "under arrest" "officially" but where you were in a police dominant area and a reasonable person would feel he was not free to leave. If you gave inculpatory statements then they could be suppressed as can anything they learned from your statements. It could also preclude the police from claiming any search of your person or your home was consensual.

Good Luck.