When Can You Legally Be Detained

While in custody, the police officer may find other evidence that gives him a probable reason to arrest you. Keep in mind that this doesn`t necessarily mean you`re guilty – it just means the officer thinks there are plenty of reasons to arrest you. To arrest a suspect, a police officer must have a probable reason. A probable reason is when a reasonable officer who knows what the arresting officer knows would believe that the suspect has been involved in criminal activity. First and foremost, you know that even if you are not arrested, you still have your Miranda rights. These rights are not always read to you when there is no formal charge or during an investigation, but that does not mean they do not apply. This is especially important because if an arrest is made later, anything you said during detention can be used against you. The right to remain silent does not mean that it is in your best interest to say nothing at all. Rather, it means that it is better to say nothing other than «I have the right to remain silent» or «I will not answer questions without my lawyer present. Law enforcement can arrest you without a warrant if they have a probable or good reason to believe you have committed a crime, such as armed robbery. The law distinguishes between crimes and misdemeanours in prisons, as a crime is a crime of a more serious nature than a misdemeanor, which is generally punishable by imprisonment for more than one year. Crimes are believed to endanger the public, so an arrest warrant is not required for law enforcement to apprehend you if they suspect you`ve committed a crime. Law enforcement doesn`t need to see that you`re committing a crime to arrest you.

You just need to have a reasonable suspicion that you committed the crime. However, they must see that you are committing a crime in order to arrest you. To arrest a citizen for a short period of time, an officer must have reasonable grounds to suspect that the detained person has been involved in criminal conduct. If you have been arrested or detained, contact defense attorneys in Phoenix, Arizona, at Montano Arentz & Associates, PLLC. They can help you protect your legal rights and freedoms. The arresting authorities must not only inform you of your rights, but also respect them. For example, a police officer or other person cannot legally ask you to speak, answer questions or sign documents. If you are compelled by threats, persistent interrogation or other coercive means to provide incriminating information, you can prevent its use against you in court. The police can only arrest you if they have a valid reason to do so.

Reasonable suspicion is enough to justify your detention, but not to arrest you. If the police confirm that you are not free to leave and that you will indeed be arrested, you have the right to ask why the arrest is being made. You are still not required by law to answer any further questions and should seek a lawyer immediately. The police can make an arrest if they have an arrest warrant and sometimes if they do not have an arrest warrant. In some situations, arrest is mandatory. In general, the police can make an arrest without a warrant if they strongly suspect that a crime has been committed. It is important to note that whether you are being questioned, detained or arrested, you are never required to answer law enforcement questions. The only information you will need to provide is your name and address if an officer asks you to identify yourself (or if you have been arrested, your driver`s licence, registration document and proof of insurance). Without these concrete facts, the suspicion is unfounded and the detained person may be subject to a civil action for unlawful detention.

The weather varies depending on the situation. Some things can affect the process, such as whether or not you have presented your ID. While you are not required by law to provide identification while in detention, it does mean that they must take the time to identify you. The maximum period of your police custody without charge is 48 hours, excluding weekends or public holidays; Technically, it can take up to 72 hours for this reason. If you are charged with a misdemeanor, defense attorneys will discuss with you at this initial hearing whether you plead guilty, not guilty or a nomo candidate. A plea by nolo contendere means that you will not contest the charges, and is legally the same as an admission of guilt. The court must approve a plea of nolo contendere. Whether an officer has reasonable suspicion or probable cause determines their authority to arrest or arrest you. But what does it mean to be «imprisoned»? And how does detention differ from arrest? When facing potential criminal charges, it`s important to understand the difference between questioning, detention, or arrest. Encounters with law enforcement can be overwhelming and scary, especially if you`re unsure of what`s going on or how to exercise your rights. Learn more about what to do if you have been brought, detained, or arrested by the Arizona Police Department for questioning by defense attorneys at the Lerner and Rowe Law Group.

That depends. The answer is as long as the police reasonably need to investigate. For example, if you have been stopped for speeding, the police can technically only detain you as long as necessary to check your papers and give you a ticket. However, if the officer discovers evidence of other criminal activity during the stop, he or she may legally extend the investigation. Every encounter with police is different and the particular circumstances will always determine what constitutes appropriate detention. Whether you are arrested or detained, you do not have to answer any questions except to provide your name and address and identify yourself upon request. You can ask to speak to a lawyer and then ask the defense attorneys for help. Imprisonment is, by definition, a «brief and superficial» investigation. During this period, the police may conduct a brief search of weapons, but they cannot search you or your vehicle without your consent, unless you already have a search warrant or have a probable reason and not just reasonable suspicion.

You have the right to inspect a search warrant before submitting to a search. After someone is arrested in Arizona, the next step is often to be taken into custody by law enforcement. The length of police custody depends on whether or not the authorities have charged a crime. At this point, you can be arrested but not charged, a situation that is a legal gray area for the detained person and law enforcement. Home searches – In an emergency, e.g. If an officer tries to stop someone from destroying evidence, your home can be searched without your consent and without a warrant.

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