An indictment is a formal accusation made by a prosecutor alleging that a person has committed a crime. This takes the form of a legal filing, either a complaint, information or charge. Unless sealed, it will appear on CaseNet. At Rose Legal Services, we have helped thousands of people who have been charged, arrested, or investigated for crimes in Missouri.
Understanding Missouri’s 24-hour rule
Pursuant to Section 544.170 of the Missouri Revised Statutes, law enforcement may not hold anyone in custody for more than 24 hours without:
- File formal charges
- Got a warrant for her arrest
- Have a credible person provide an affidavit of the alleged crime
This 24-hour limit applies to anyone arrested or detained by a peace officer without a warrant, whether for an alleged breach of the peace, an alleged felony, or on suspicion of criminal activity.
Courts have “warned” police officials that this law does not provide the authority to arrest people without a warrant and detain them for 24 hours as an investigative measure, as such a procedure would be unconstitutional. See United States v. Oroposa, 316 F.3d 762, 769 (8th Cir. 2003). The law should not be a “sword in the hands of the police, but a protective shield for the citizen”. United States v. Roberts, 928 F. Supp. 910, 933 (WD Mon.). Section 544.170 simply “sets a limit on the time that police may detain a suspect whose arrest is otherwise lawful, while determining whether there is sufficient evidence of a crime to present the suspect to a judge or prosecutor for a.” to initiate criminal proceedings.”
Your rights during detention
Right to consult a lawyer
The law specifically provides that you must be permitted to consult with a lawyer or other persons acting on your behalf at any reasonable time during your detention. This is a crucial right that you should exercise immediately after your incarceration.
Right to release
If no charges are filed within 24 hours and there is no arrest warrant, you have the right to be released from custody. Law enforcement officers who refuse to release someone after the 24-hour deadline will face serious consequences – they may be charged with a Class A misdemeanor.
Protection against transmission
The law also prohibits law enforcement from attempting to circumvent these deadlines by:
- Your transfer to another jurisdiction
- Moving to another facility
- Making false accusations against you
What this means for you
If the police take you in for questioning, remember:
- The clock starts ticking from the moment you are arrested
- The police must either charge you, obtain an arrest warrant, or release you within 24 hours
- You have the right to speak to a lawyer at any time
- You do not have to answer any questions without an attorney present
Why you need a lawyer
Even though the police can only hold you for 24 hours without charging you, those hours are crucial. What you say or do during questioning can have a significant impact on your case. At Rose Legal Services, we dedicate our practice exclusively to criminal defense and have seen how proper legal representation during questioning can significantly impact the outcome of a case.
Our attorneys are knowledgeable about police interview procedures and how to protect your rights at this crucial time. We can:
- Make sure law enforcement meets the 24-hour deadline
- Exercise your right to refuse to answer questions
- Monitor the conditions of your confinement
- Work to secure your release if you are unlawfully detained
The importance of experienced legal representation
At Rose Legal Services, we are passionate about helping good people get a second chance. We have helped thousands of people who have been charged, arrested or investigated for a crime in Missouri. Our team includes multiple attorneys, multiple associates, and an investigator, all working together to protect our clients’ rights.
We pride ourselves on excellent customer service and communication. When you work with us you will have access to:
- Experienced criminal defense attorneys who focus exclusively on criminal law
- Dedicated customer support specialists who can answer your questions
- Regular updates about your case
- Open office hours twice a week for customer discussions without making an appointment
For help, contact Rose Legal Services
If you or a loved one are being held for questioning by law enforcement, you should not wait to seek legal help. The 24-hour period following an arrest is critical, and experienced legal representation can make a significant difference in your case.
Remember that the police must release you after 24 hours unless they press charges or obtain a warrant. However, what happens in those 24 hours can impact your future. Contact Rose Legal Services today to schedule a confidential consultation. Let us use our experience and commitment to protect your rights.
