At some point, you may have wondered “what do I do if I’m arrested?” No one plans on getting arrested, but, if it happens, what you do next can significantly impact your legal outcome and the rest of your life. Whether you’re in St. Charles, O’Fallon, or smaller Missouri communities like Wentzville, St. Peters, Troy, or Warrenton, knowing your legal rights is essential.
Here’s what you need to know immediately after an arrest and how Missouri law protects you.
1. Ask for an Attorney Immediately
The most important step after being arrested is to request to speak with a criminal defense attorney right away.
Under Missouri Supreme Court Rule 31.01 and § 544.170 R.S.Mo., you’re legally entitled to consult with an attorney “at any reasonable time” after your arrest. You’re also allowed to make a phone call to secure legal counsel. Do not answer police questions without an attorney present.
2. Remain Silent and Avoid Self-Incrimination
You have the right to remain silent under the Fifth Amendment, the Fourteenth Amendment, and Article I, Section 19 of the Missouri Constitution.
Missouri law and Federal law require that police read you your Miranda rights before any custodial interrogation. Note that that the police are not required to “read you your rights” just because you are arrested. Nor are they required to read you your rights before asking you incriminating questions. They only have to give you the Miranda warnings if you are both in custody and asking you incriminating questions.
If Miranda rights are not provided while you are in custody, any answers you give to questioning may be inadmissible in court.
Missouri Case Law That Supports This:
- State v. Proctor, 681 S.W.3d 709
- State v. Salsman, 686 S.W.3d 376
- State v. Dickson, 252 S.W.3d 216
These cases reinforce that your invocation of your right to remain silent cannot be used against you and that Miranda warnings must be properly issued. That said – make sure you affirmatively state that you wish to remain silent or that you do not wish to waive your Miranda rights. Merely sitting in silence could potentially be used against you.
3. Understand Missouri’s Detention Time Limits
Missouri law strictly limits how long someone can be held without formal charges.
If you’re arrested without a warrant, police must either file charges or release you within 24 hours. This rule, outlined in § 544.170 R.S.Mo., protects against unlawful detention and ensures due process.
Although Missouri law puts a strict limit on the time you can be held in jail without a warrant, there a few practical things that can be done to enforce that time limit should police hold you for slightly longer than they are supposed to. Thankfully, such occurrences are very rare.
4. Request lowered Bail
If you are being held on a warrant and cannot bond out, you are entitled to an initial appearance with 48 hours, not including weekends and holidays, where a requested bond reduction or modification may be (but is not required to be) heard by the judge. (Mo. R. Crim. Pro 21.09 and 22.07). Should the court decline to alter the bond, you are entitled to “release hearing” no later than seven days (excluding weekends and holidays) after the 48-hour hearing.
Although Missouri courts are now instructed to find the least restrictive method of ensuring the defendant appears in court and that the public/any victim is protected (the two purposes of bond). In theory, this instruction is meant to limit the application of and need for a monetary bond. Still, many – if not most – felonies still require the posting of a monetary bond and often also contain extensive non-monetary conditions.
An attorney can help you with bond as soon as a warrant is issued. Often an attorney can talk to the prosecutor and reach an agreement to lower your bond to a reasonable level. Even when that does not occur, an attorney can make sure you get the best chance at a reasonable bond as soon as possible. Numerous factors are considered in determining bond and there are many notice requirements to make sure your hearing for a bond reduction is actually heard.
Final Thoughts addressing the common question “what do i do if i’m arrested”: Stay Informed, Stay Protected
An arrest can be intimidating, but knowing your rights and what to expect under Missouri law gives you power and protection. Whether you live in St. Charles County, O’Fallon, Wentzville, St. Peters, or the greater St. Louis area, ensure you know your legal safeguards:
- Right to an attorney
- Right to remain silent
- Right to due process and bail
- Right to request lowered bail and the relevant factors to be considered
Need legal help after an arrest in Missouri? Don’t hire just anyone when your freedom is on the line. Contact a trusted criminal defense to protect your rights and help you get out of jail if necessary. Hiring a good attorney after arrest in Missouri can make all the difference in both the short and long-term.