Legal Question in Criminal Law in New York

My son and his girlfriend had an argument. She called the Police because she said he broke her cell phone. They did not arrive while my son was there. When they did arrive she told them she did not want to press charges. In Nassau County NY the County presses charges and issues a restraining order. Later that afternoon my son was called at work and asked to come to the precinct to answer some questions. When he arrived he was handcuffed. They wouldn't tell him why. They questioned him about the details of the argument. He called me and told me he was being detained so I went to the precinct to see if I could find anything out. The detective there told me my son was under arrest and that he would be arraigned the following day. When my son was able to call me again later that evening I told him he was under arrest. That was the first time he knew anything except that they were going to "process" him. He was never informed he was under arrest ... he was never read his Miranda Rights. Is this usual procedure?


Asked on 4/04/10, 8:47 pm

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

Nassau County Police Department policy is that they almost always arrest in a domestic stuation. If no statement was taken from him then there would be no necessity to read him his Miranda rights. If a statement was taken from him in violation of Miranda then a motion or hearing would be made to suppress that statement. His girlfriend should write a statement that is reviewed by an attorney, stating that she does not wish to proceed (if that is still true) along with other pertinent information. This should result in an adjournment in contemplation of dismissal or a dismissal based on section 170 or 30.30.

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Answered on 4/10/10, 6:07 pm


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