How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111526
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Is it legal for the police to file a warrant right after someones goes to the police stati

Customer Question

Is it legal for the police to file a warrant right after someones goes to the police station to make a report? I was arrested on warrant after fleeting from a housemate that raped me, and physically assaulted me for threatening to go to the police. When I returned a week later, I went to the police station to report the crime, and the officer told me I was under arrest, put a handcuff on me and put me in a cell. I was not read my Miranda rights, nor was my request of filing a police report about the rape and the assault being granted. Is this legal?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, it is legal for the police to file warrant immediately based on a complaint from a victim. This is fairly common police procedure. Also, contrary to popular belief, they do not have to advise you of your rights unless they are going to question you directly about the alleged crime.

They should not have refused to accept the report of a rape, but I am sure they will be suspicious of a rape that was not reported for over a week and not reported immediately. Additionally, evidence of the alleged rape has now been destroyed which makes your case much more difficult to make. While the charge may have been dismissed without prejudice, that does mean that the victim can file the charges again, but many times the prosecutor will not accept them for prosecution again At this point, if a rape occurred you need to consider getting your own attorney to battle with this person and their attorney for damages for the alleged rape.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”