Kansas  |  Criminal Law

Re: False Arrest

"Didn't do anything?" You mentioned there is a child living in this environment. Have you considered that the conduct of your sister and husband in resolving their problems presents that they lack the tools to check their anger and what that teaches a young child? Does this show a young child that it's alright to be out of control? I suggest that your sister and husband seek out and enroll in parenting classes and counseling. Such a voluntary effort by parents in these cases shows determination to modify their behavior to social agencies who may be investigating the safety of this home and to the court when it comes to hearing.

Re: False Arrest

Initially, your sister needs competent legal help. Your story does not make sense in that the police cannot place a restraining order on anyone. This type of action (commonly referred to as a PFA) is civil in nature and only your brother-in-law has standing to seek this relief for himself. You probably are confusing a condition of bail (i.e. your sister cannot have contact with the victim - her husband).

As far as reading her rights -- this only applies if the police interrogate her. The right in question is that of self-incrimination and counsel. If your sister does not talk and is not questioned there is no reason to read her rights.

Again, she needs an attorney - and if she is a pauper then she can apply for a public defender or court appointed attorney.

The question she should ask herself is how much income can she make in jail. If it were me, I would use all of my resources to protect my rights.