Q: Why wasnt I charged with domestic when I freely admitted doing the crime? I was not even arrested
Two weeks after the incident the investigators say they are going to charge me and issue warrent
A:
The police have often discretion on whether to arrest someone. Some states have made arrests mandatory for domestic violence, however.
In addition, the law often gives the police a certain amount of time within which to pursue a criminal charge. In New York, for example, there is a one year statute of limitation on misdemeanor assault cases.
Here it sounds like the police elected not to arrest immediately, continue the investigation and then pursue charges.
If what you say is true, get a criminal defense lawyer immediately and only talk to that lawyer. Having a private lawyer will help you get through the arraignment.
If you cannot afford one, the state will give you one. However, also note that the police aren't required to tell you exactly when you will get this lawyer although it will be before the first hearing when you are arraigned. In other words, don't be rattled if you are sitting in jail for 20 hours and haven't seen a lawyer yet. Your only words to the police should be "I want a lawyer, please, and do not want to talk to you." Do not submit to a video or any other form of questioning. Most people want to try to talk their way out. You can't. Wait for your lawyer.
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