Legal Question in Discrimination Law in Missouri

ok me and my roomate both got arrested and put in jail for 12 hours before me made bond for MIP charges. the cop never read us our rights and was very rude and said some things like how he hope my friends military career got torched and he got kicked out he also said alot of things like that and how he is going to stop by our appartment and charge us with the littliest things he can find if he so pleases. My question is do we have a chance of getting it dropped because his break in protocol and his attutide towards us. I am 18 and my buddy is 20


Asked on 10/21/09, 1:52 am

1 Answer from Attorneys

Anthony Smith LawSmith

It is extremely rare for a judge to Dismiss charges because an officer was rude to a defendant. Even making the threats of petty arrests int eh future woudl probably not do it. Those are things that one reports to eh officer's superiors and the givernmental body thta employs him.

As to the failure to advise yu two of your rights, that is an issue that ca be raised to attack teh admissability of evidence obtained from you (such as a confession of guilt) after you were arrested. The failure to give the3 reminder about yoru right to not talk to the officer about the crime charges, is not an automatic invalidation of the arrest. However, if enough evidence is deemed inadmissable against you to make the State's case too weak to prove your guilt, the charge(s) might get Dismissed. You consult directly with an attorney, and so should your roomate, to go over the facts of your case(s) with you so that you can make the best decision as to how to proceed.

Good luck

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Answered on 10/21/09, 11:37 pm


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