Legal Question in Criminal Law in Missouri

In 2001 I ped guilty ( advise of my attorney), to a felony charge of attempting to obtain a controlled substance by fraudulent prescriptions, with another female who had attempting and possesion of the same. Last December, a policeman asked me questions about a fake prescription, with a controlled sub.on it, that had my name and my insurance card was used. In my statement, I said my prescriptions for that medication were given to me by the doctor or through the mail. I denied any involvement, and had no idea what he was talking about.Three days ago I received a letter from a bailbondsman saying a warrant was issued for me on 7/10/10. I called the bondsman and asked what this was about. He said it was a class D felony charge, and I should turn myself in.I won't have the money for the bondsman until September. Hopefully, I won't get picked up.How can someone charge me for something I did not do? Apparently my name and insurance card was used for more than one of these fake prescriptions and my doctor's name and information was on them too. She knows I am innocent. I am a single mom of an eight year old. I am actively involved with her at home and at her school. I don't have time to do whatever they think I did.How do these warrants work. Will I be able to wait until Sept.to turn myself in? Also, why should I turn myself in for something I did not do? Please advise.

Thank you,

djackson


Asked on 7/23/10, 11:29 pm

2 Answers from Attorneys
Anthony Smith LawSmith

A warrant is issued when you are accused of a crime. People are not always guilty of what they have been accused. If you have counsel, it is often better to surrender yourself, rather than wait to be arrested. In that case, you can sometimes get released on a signature bond. Without counsel, it is not so certain what will happen. If you cannot afford and attorney, you can have one appointed for you. That attonrey may advise you to cooperate with the police and participate in discovering who did use your name and insurance information. this may help you get out from under the charges. Do nto discuss the case with anyone until you have legal counsel.

Good luck

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Answered on 7/24/10, 10:12 am
Michael R. Nack Michael R. Nack, Attorney at Law

If there is a warrant outstanding, the police or sheriff's department may come to your home, your job or anywhere you may be found and simply take you into custody. If you have a child with you when that happens, the child will be placed in state care. You will be held in jail until you are able to post bail, if bail has already been set. If not, you will be taken in front of a judge at such time as the judge determines and the amount of bail may be set at that time. Then, you could pay a bondsman to post the bail and you would be released from custody with a court date set for you to return to court. A private attorney can get everything set up in advance so that you may still have to be processed at the jail, but doing it by a "voluntary surender" can save you hours or even days in jail. You will not have an opportunity to be appointed a public defender until you are in court in the event that you can not afford a private attorney. Once you have an attorney, the attorney will get and review all of the evidence the state has against you and advise you as to your best course of action.

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Answered on 7/29/10, 11:10 am


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