can a police dept get in trouble and charges dismissed if……

UPDATED: Mar 16, 2012

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can a police dept get in trouble and charges dismissed if……

My partner was arrested last Friday on warrants, all misdemeanor traffic violations. The total fines were 2600 cash only. He had court this past Wednesday, they lowered it to 2000 but kept him in jail until fully paid. Now my question, since he’s been in jail the officers have, 1. Did NOT read him the rights when arrested (2 witnesses) 2. Refused him a public defender, 3. Not fed for 17hrs, & 4. He told the chief all this and the chief replied tough luck its jail. As soon as court ended they started this crap. What should I do? I’m currently waiting a call from lawyer but need info and advice

Asked on March 16, 2012 under Criminal Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there were outstanding arrest warrants for your partner, law enforcement was not required to read him his rights upon arrest for such a matter. A public defender is appointed at the first appearance, arraignment. From what you have written, the first appearance has not happened.

As to not being fed for 17 hours, that could be an issue taken up with the jail. I recommend that your partner consult with a criminal defense attorney about the situation he is in. I suggest that you call a criminal defense attorney about this situation to assist you and your partner.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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