Legal Question in Criminal Law in South Carolina

Criminal Domestic violence

I am a female who was recently charged w/ CDV 1st offense. I retaliated when my ex boyfriend (who I had been broken up with for 6 weeks but he was still living in my home, separate bedrooms) came in and attacked me, and took my cell phone from me. He stated he would kill me if he found that I had been talking with another man, so I bit him several times trying to get the phone back, because I had in fact been speaking with another man. When the police came I was asked to fill out a statement which I did. i had no idea I would be arrested. I thought I was defending myself from his threat to kill me. They did NOT read me my rights nor tell me I was a suspect when they asked me to fill out the paper telling my side of the story. Do I have any recourse. How do I prove they did not read me my rights? They also would not let me call an attorney and cuffed me and took me off, leaving my ex in my house that I own, and that he has never had any ownership in. I also complained that he kicked me in my breast. The evidence tech took pics of his bitemarks but refused to take a pic of my breast. ( There was a female cop who offered to do this but the tech said no) I feel railroaded by law enforcement. Any ideas?


Asked on 3/28/08, 7:00 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Criminal Domestic violence

Reading a person their rights is greatly misunderstood, probably due to television and movies. The police do not have to read a person their rights when they arrest them. What they have to do is read a person their rights if they want to use anything the person said against them in court.

You do not have an immediate right to an attorney. The police are allowed to arrest you, transport you to jail and book you before allowing you to contact an attorney. If they want to question you then they have to give you an opportunity to have an attorney present.

You should go get your own photographs of your bruises to document them.

You might still have a defense. Do you have a copy of the warrant?

[email protected] Robert Johnston

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Answered on 3/28/08, 7:08 pm


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