Legal Question in Criminal Law in Missouri

warrents and wanteds

My husband has a misdemeanor warrant and a wanted for questioning. We want to take care of this problem, but we are afraid that he will be arrested and kept. We do not know what the wanted for questioning is for. How can we find out what the wanted is for?


Asked on 9/28/08, 2:13 am

2 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: warrents and wanteds

Hello. In my opinion, there is no valid way to determine if your husband is even wanted for questioning. He should certainly take care of the warrant situation because he can be picked up at any time. However, the "wanted for questioning" issue may be just a tactic for your husband to be harrassed. Also, I would take a lawyer with you when he turns himself in on the warrant. If it is in connection with a court case, I suggests that he go to the courthouse on a motion to quash the warrant (with an attorney) and ask that it be heard on that day. This is a very important process and can save your husband a great deal of time. Will be happy to discuss this further and in more detail.

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Answered on 9/28/08, 11:18 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: warrents and wanteds

Your post states that you reside in Illinois but that the question deals with Missouri law. If this is correct, then you need to take your advice from a Missouri attorney. In the first place, in Missouri, law enforcement officers can place a "wanted" notation in the system anytime they choose. I have seen many cases of outright abuse of this process by the police. The "wanted" works much like a warrant. If the individual with a "wanted" on him or her is pulled over, or with someone who is pulled over, or in the wrong place at the wrong time, then they will be taken in for questioning. The police can hold that individual for up to twenty hours with no charges whatsoever being brought. Some police departments have been known to work together with other police departments so that a second, third or even fourth police department issues a "wanted" and then the individual is shuttled from jail to jail being questioned (or not) for up to twenty hours at each place, and all of this with no criminal charges ever being filed. We certainly do live in a police state! No one should ever answer any questions or make any statements to the police about anything, except for your name and address. This applies even if you are innocent of any wrongdoing. The police are not there to be fair or to do what is right. They are there to arrest people and get convictions. So, remember and tell everyone that you know DO NOT ANSWER QUESTIONS OR MAKE STATEMENTS TO POLICE! If your husband has a warrant outstanding it is relatively simple for an attorney to find out what the charges are and what bond will be required. In some cases the attorney may be able to get the warrant cancelled, and in other cases the attorney can assist the individual by setting up a "voluntary surrender", and then obtaining a bond reduction from the court. My advice to your husband would be for him to hire a criminal defense attorney as soon as possible, and to follow the advice given by that attorney. If you do not already have an attorney, I would be happy to offer your husband or you a free telephone consultation if you will call me at my office.

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Answered on 9/28/08, 10:18 pm


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