Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

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

Customer Question
on to make a report...
Is it legal for the police to file a warrant right after someones goes to the police stati on 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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 36 minutes by:
4/3/2011
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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…”

Ask Your Own Criminal Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,086
121,086 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I filed a police report against my husband for domestic
I filed a police report against my husband for domestic abuse in New York State and I did not understand at the time that charges would be filed against him. The cop took a picture of my bruised eye a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I just filed a police report in Mecklenburg County regarding
I just filed a police report in Mecklenburg County regarding harassing phone calls and threatening emails from my ex boyfriend. What can I expect to happen next? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
Can i end up in jail for being falsely accused of rape.
Can i end up in jail for being falsely accused of rape … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I filed a police report 15 hours after i was robbed. the
i filed a police report 15 hours after i was robbed. the police are now questioning me about not being truthful. they said it was highly unusual for me to not report it immediately, they questioned wh… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
A falsified backdated police report was made against me by
A falsified backdated police report was made against me by an homicide investigator to aid my ex spouse in covering up his domestic violence on me. What can I do about it? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
Can I get a copy of my police report, or can I delegate
can I get a copy of my police report, or can I delegate someone else? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
A false police report was called in saying someone has a gun
Hi, a false police report was called in saying someone has a gun and is trying to kill themselves, the SWAT team shows up. The pweson finally comes out of the house and a search warrant is issued to s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
If a complainant reports battery (specifically rape) in
If a complainant reports sexual battery (specifically rape) in Florida, what level of probable cause would need to exist for the police to be able to seize the suspect's cell phone?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
My ex girlfriend filed a police report stating that I hit
My ex girlfriend filed a police report stating that I hit her what is going to happen next? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I made a police report and talked to an officer because my
Hi, I made a police report and talked to an officer because my roommate seriously threatened to kill me. I don't know what happens next and they didn't give me a report number. What do I do? I'm in ut… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex wife falsified a police report and had me arrested for
my ex wife falsified a police report and had me arrested for one night on trespassing and stalking. No TPO ever put in place, no amendments to joint custody. I have court in 3-4 months are there any m… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
My friend is the victim of attempted rape and is trying to
Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male pers… read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
I need help reviewing a police report involving my brothers
I need help reviewing a police report involving my brothers (declared) suicide 16 months ago. The report is awful and lacks severe and crucial information. I live in Washington State and the incident … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I have been raped, and a rape kit was provided. I have
I have been raped, and a rape kit was provided. I have written letters to have my kit put through ASPHIS, but I get ignored, so my rape & assault was never adjudicated but ignored by a Detective that … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
A person files a police report online and getting harassed
A person files a police report online and getting harassed by an officer about why the report was not files in person or by calling 911 to bring an officer to the scene. My question is since the inter… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
894 satisfied customers
I have a police report filed against me and the description
I have a police report filed against me and the description is identity theft or attempted, identity theft 1st offense - fraud - imperson 2 2 counts … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
Are police reports (related to cases that are no longer
Are police reports (related to cases that are no longer under investigation) allowed to be used as evidence to be filed in a civil court pleading?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x