Legal Question in Civil Litigation in Missouri
My husband and I have obtained restraining orders against each other, and in a fit of rage my husband went and filed a police report stating that I was in violation, and I have a 'wanted' against me. Since I have that wanted against me - when we go to court are they going to lock me up? Or if we both drop the restraining order, will they arrest me? Or since there is no official warrant and we both drop the orders, will the wanted just go away?
If I go and turn myself in for questioning prior to the court date, will I be arrested and held until the court date?
1 Answer from Attorneys
Police can enter a "wanted" into the system that allows them to take a person into custody for questining despite the facts that no charges have been filed. Once a person is in custody, the police may hold that person for up to twenty-four hours. Dropping the restraining Orders will not make the "wanted" go away. From the little info you posted, I would strongly advise you to proceed to have the Order you currently have made a full Order of protection. You may want to voluntarily turn yourself in to the police at a time that is convenient for you rarther tha taking a chance being picked up at some inconvenient time, or worse on your next court date. I would call the local police where the complaint was filed, and ask for the detective in charge. Then, I would all and speak with that dectective to see when he or she will be in for you to come in and talk. This might save you hours waiting for the detective to come in to speak with you. By the way, I always advise my clients not to answer questions or make any statements to the police without having an attorney present. The police are trained to take statements in order to build a case against you, and they are generally not interested in the truth or in fairness. That is why under Miranda, they have to give you your Miranda rights telling you that you have the right to remain silent and that anything you say can and will be held against you in a court of law.I tell my clients to be polite but absolutely firm in declining to answer questions or make a statement. I tell my cleints to blame it on the attorney. Of course the client has to be strong enough to withstand all of the pressure the police will put on him or her and not fall for any of the police tricks to get you to talk. They will quite often lie in the performance of their duties and routimely make promises that they can not and will not keep. Don't think that because you are innocent you should tell them your side of the story. Perhaps your attorney could meet you at the police station. If you do not already have an attorney, you need to consult with and hire one at this time. Good luck.