Legal Question in Criminal Law in Missouri
I was questioned by a police officer about illegal prescriptions. He repeatedly asked me the same questions over and over. He read me my rights and asked me to initial a form stating that I understood these rights. I did not understand them and was confused as to why I was being questioned. I finally complied with him. Then he asked me to give him a written statement. I was not sure what to write. I wrote a very brief statement. He left and did not give me a copy of any police report or a copy of my statement. I called the county courthouse and found out that I am considered a suspect. There have been no charges filed. Could you tell me how I can obtain a copy of the report, if any, and copy of my statement. Also, do I need and Attorney?
2 Answers from Attorneys
Yes, you should speak to an attorney. You do not need to say anything to an officer investigating a crime if you are considered a suspect. As for getting a copy of your statements and the report, it is harder to do if you have not been charged with a crime. If you are charged, you have a right to see evidence against you, including your own statements. If you have not been charged, such evidence is considered to be investigatory and internal, and most jurisdictions will not willingly turn it over without a court order. Feel free to contact me if you want to discuss this further.
Sean Santoro/Licensed in KS and MO
Yes, you should consult with a competent criminal defense attorney in the locale where these events took place. If the prosecutor believes that there is enough evidence to charge you with a crime, a criminal case will be filed and a warrant will be issued for your arrest with no further warning. In many cases like this it is a good idea to have an attorney on retainer before anything happens. Then, if no charges are brought against you, the attorney will refund the retainer fee after deducting a reasonable amount for any time expended and services rendered. If you do not already have an attorney, you may contact me at my office for a free consultation. Do not make any other statements to any law enforcement officer.
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