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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116789
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 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.

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