Legal Question in Criminal Law in Kansas

False Arrest

My sister and husband had an argument and the neighbor came out yelling about beng sick of hearing it and went after my sister. My sister called the police. They came but went to the neighbor first. The neighbor lied and told the police that my sister and husband abuse their daughter and they fight all the time. The police then went to my sister's. Apparently, my sister had thrown a coffee cup at the wall in the kitchen and broke the handle off of it. To get somewhat to the point, the police ended up arresting my sister (and didn't read her her rights) for destruction of property (the cup), battery and disorderly conduct. They also put a restraining order on her, restraining her from being around her husband. Her husband tried to explain that she didn't do anything but they were unreasonable. They are also trying to take my niece away from my sister and her husband. Now, my sister has to go to court but cannot afford an attorney. What, if any, advice can you give me to help her?


Asked on 11/20/02, 1:22 am

2 Answers from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: False Arrest

"Didn't do anything?" You mentioned there is a child living in this environment. Have you considered that the conduct of your sister and husband in resolving their problems presents that they lack the tools to check their anger and what that teaches a young child? Does this show a young child that it's alright to be out of control? I suggest that your sister and husband seek out and enroll in parenting classes and counseling. Such a voluntary effort by parents in these cases shows determination to modify their behavior to social agencies who may be investigating the safety of this home and to the court when it comes to hearing.

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Answered on 11/20/02, 9:06 am
David L. Bargeron Unemployment Help Center

Re: False Arrest

Initially, your sister needs competent legal help. Your story does not make sense in that the police cannot place a restraining order on anyone. This type of action (commonly referred to as a PFA) is civil in nature and only your brother-in-law has standing to seek this relief for himself. You probably are confusing a condition of bail (i.e. your sister cannot have contact with the victim - her husband).

As far as reading her rights -- this only applies if the police interrogate her. The right in question is that of self-incrimination and counsel. If your sister does not talk and is not questioned there is no reason to read her rights.

Again, she needs an attorney - and if she is a pauper then she can apply for a public defender or court appointed attorney.

The question she should ask herself is how much income can she make in jail. If it were me, I would use all of my resources to protect my rights.

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Answered on 11/20/02, 1:47 am


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