Legal Question in Criminal Law in Texas
illegal minor arrest
is it illegal to no read a person there rights as they arrest them. also the case is that my girlfriend felt uncomterible in the house with her mothers boyfriend. this is a daily argument between them and a problem. He always refuses to leave. the daughter told him to leave...he didnt. she warns him several times and he didnt, she pulled out a knife and told him more times. he doesnt. she drops the knife and starts hitting him. he calls the police and they take her away for assult, she also did not get her rights read to her and they counted it as a felony. and also they didnt talk to any witnesses at all they only told her that there taking her and took her away. she put the knife down, so are they allowed to take her away? and isnt there somethings the offices did wrong?
1 Answer from Attorneys
Re: illegal minor arrest
The requirement that a defendant be read their rights, relates to any statements or evidence obtained as a result of the arrest. Failure to read a defendant their rights does not invalidate the arrest. Her behavior may still be considered assault, however, there may be circumstances that justified her behavior. She needs a lawyer.
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