Legal Question in Criminal Law in Missouri

wrongful imprisonment

My son was arrested at the scene where a girl had pulled over by them. he was accused of being the driver. later the girl confessed in court that she had driven the vehicle which was hers but she was grounded from it and the charges were dropped but my son did not make it to the court date. this occured on july 1 2001. He was arrestred again a week ago and is being held in jail not for contempt of court but for the original charges of which it was shown these boys were not even in the vehicle. My question is is it legal to hold a person on a charge that has already been found in a court of law to have been someone else's mistake. Isnt the only charge possable one of contempt of court for not appearing. He has also been stopped and questioned several times before this arrest on this matter but not arrested he has also made several attempts in the last 3 months to rectify this only to be ignored and told there's nothing to hold him on.


Asked on 8/14/02, 8:39 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: wrongful imprisonment

The facts recited in your question are confusing at best, but it appears that your son was picked up on a warrant for not appearing to face the original charges, whatever they were. Why didn't your son show up in court on his original court date? Apparently a law enforcement officer thought that there was sufficient cause to charge your son with some criminal act or traffic violation, and your son must defend those charges.

If you do not already have an attorney representing your son, it certainly appears to me that you need one. If your son is innocent of the charges, an attorney will help to demonstrate this fact to the prosecuter or the court. If you are located in the eastern half of the state, I may be able to help you. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 8/14/02, 10:38 pm


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