A charge is a formal accusation filed by a prosecutor claiming that a person has committed a criminal offense. It takes the form of a court filing, either a complaint, information, or indictment. Unless sealed, it will appear on CaseNet. At Rose Legal Services, we’ve helped thousands of people who have been charged, arrested, or investigated for crimes in Missouri.
Understanding Missouri’s 24-Hour Rule
Under Section 544.170 of the Revised Statutes of Missouri, law enforcement cannot hold someone in custody for more than 24 hours without:
- Filing formal charges
- Getting a warrant for their arrest
- Having a credible person provide a sworn statement about the alleged criminal offense
This 24-hour limit applies to anyone arrested or confined by a peace officer without a warrant, whether for an alleged breach of the peace, a suspected criminal offense, or on suspicion of criminal activity.
Courts have “cautioned” law enforcement officers that this statute does not provide authority to arrest persons without a warrant and hold them in custody for 24 hours as an investigatory technique, as such a procedure would be unconstitutional. See United States v. Oroposa, 316 F.3d 762, 769 (8th Circ. 2003). The statute is not supposed to be a “sword in the hands of the police, but rather a shield for the citizen.” United States v. Roberts, 928 F. Supp. 910, 933 (W.D. Mo.). Section 544.170 merely “sets a limit on the amount of time the police may detain a suspect, whose arrest is otherwise lawful while determining whether there is enough evidence of a crime to present the suspect to a judge or prosecutor to begin criminal proceedings.”
Your Rights While in Custody
Right to Consult with an Attorney
The law specifically states that you must be permitted to consult with an attorney or other people acting on your behalf at any reasonable time during your confinement. This is a crucial right that you should exercise immediately upon being taken into custody.
Right to Be Released
If no charges are filed within 24 hours and no warrant is obtained, you have the right to be released from custody. Law enforcement officers who refuse to release someone after the 24-hour period face serious consequences—they can be charged with a Class A Misdemeanor.
Protection Against Transfer
The law also prohibits law enforcement from attempting to avoid these time limits by:
- Transferring you to another jurisdiction
- Moving you to a different facility
- Making false charges against you
What This Means for You
When police take you in for questioning, remember:
- The clock starts ticking from the moment of your arrest
- Police must either charge you, obtain a warrant, or release you within 24 hours
- You have the right to speak with an attorney at any reasonable time
- You do not have to answer questions without an attorney present
Why You Need an Attorney
Even though police can only hold you for 24 hours without charges, those hours are critical. What you say or do during questioning can significantly impact your case. At Rose Legal Services, we dedicate our practice exclusively to criminal defense, and we’ve seen how proper legal representation during questioning can make a substantial difference in the outcome of a case.
Our attorneys understand police questioning procedures and know how to protect your rights during this crucial period. We can:
- Ensure law enforcement respects the 24-hour time limit
- Assert your right to decline to answer questions
- Monitor the conditions of your confinement
- Work to secure your release if you’re being held improperly
The Importance of Experienced Legal Representation
At Rose Legal Services, we’re passionate about helping good people get a second chance. We’ve helped thousands of individuals who have been charged, arrested, or investigated for a crime in Missouri. Our team consists of several attorneys, several staff members, and an investigator, all working together to protect our clients’ rights.
We pride ourselves on excellent client service and communication. When you work with us, you’ll have access to:
- Experienced criminal defense attorneys who focus exclusively on criminal law
- Dedicated Client Care Specialists who can answer your questions
- Regular updates about your case
- Open Office Hours twice a week for client meetings without appointments
Contact Rose Legal Services for Help
If you or a loved one is being held for questioning by law enforcement, don’t wait to seek legal help. The 24-hour period after an arrest is crucial, and having experienced legal representation can make a significant difference in your case.
Remember, the police must release you after 24 hours unless they file charges or obtain a warrant. However, what happens during those 24 hours can impact your future. Contact Rose Legal Services today to schedule a confidential consultation. Let us put our experience and dedication to work protecting your rights.
