What Should You Do If Youre Detained
If youre detained and you are questioned about a crime, be polite, show your identification, but otherwise stay silent. Everyone in the United States, at all times, has the right to remain silent. It doesnt matter whether or not youve been arrested or whether or not your rights have been read to you.
You cannot be compelled to tell the police anything. Simply say to the officer, I would prefer to exercise my right to remain silent. You may also ask why you have been detained and if you are free to leave. However, the police do not have to tell you the reason why they are detaining you.
If you believe that you have been illegally detained, or if you are taken into custody and charged with a criminal offense as the result of a detention, immediately contact a Texas criminal defense lawyer for the legal advice and services you will need.
What Are Probable Cause Reasonable Suspicion And False Arrest
Reasonable suspicion is the legal standard that gives an officer the authority to pat down or detain a criminal suspect. Reasonable suspicion is a police officers reasonable belief, based on facts, circumstances, and the officers training and experience, that a crime has been, is being, or is about to be committed.
Probable cause is the legal standard that gives a law enforcement officer the authority to make an arrest. Probable cause does not have to be hard proof of guilt or a smoking gun, but it is a somewhat higher standard than the standard for reasonable suspicion.
A false arrest is what happens when a police officer, without legal authority, places someone under arrest or otherwise intentionally restricts that persons freedom.
Charged With A Crime In Michigan
There are several ways to be charged with a crime. The most common way that comes to mind occurs when a police officer claims that he sees you commit a crime and writes you a ticket for it. Sometimes this occurs with a brief detention on the seen and you are later let go. in a case such as a DUI the officer may take you to the station for several hours and let you out later with a citation to appear in court.
The next most common way that being charged with a crime occurs is when witnesses, not police, claim to have knowledge of you committing a crime. These people then go to the police who perform an investigation. The investigation will often lead police to knocking on your door and possibly arresting you, or simply issuing a criminal ticket and mailing it to you.
Finally, the situation can occur where the police believe they have enough evidence to arrest you without talking to you. The police then appear in front of a judge or magistrate and request an arrest warrant be issued. Once the warrant is issued you will likely get notice in the mail from the police or the court if the police do not come and arrest you. At that point you can turn yourself in, again without ever speaking to an officer.
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How Long Can A Person Be Held Without Evidence
Keep in mind that police themselves cant bring charges against a person. The prosecutor can charge the person with a crime. With that said in most states, the prosecutor has up to 72 yours to bring charges on someone. But like we said most states have this time frame not all. California only gives 48 hours for charges to be brought down on someone or he or she must be released.
Also, know that just because that person was not charged in that time frame and was released the prosecutor still has the ability to bring a charge on that person at a later date and time.
If more evidence becomes known charges can be altered and brought down on that person. A prosecutor can also request from the judge more time for charges to be brought down if they can show the judge good cause to do so. If this time frame is exteneded the police will most likely tell you.
Probable Cause And What It Means
The word probable cause typically refers to the fact that law enforcement has sufficient reason to arrest someone or conduct a seize or property search. This is stated within the Fourth Amendment of the United States Constitution.
While there are different rules to consider when looking at probably cause and warrants, or probably cause to search. We will be looking at probably cause and being arrested below.
For an arrest to happen probable cause must exist. This means that probable cause has to come from circumstances and facts rather than suspicion. In terms of detention but not arresting then the probable cause is not needed. This may include:
- Pedestrian stops
- Detention of someone during a search warrant
To have reasonable suspicion means to lead someone to believe criminal activity may be at hand and more investigation is needed.
Now when someone is detained that could then lead to an arrest. When this happens the arresting officer may put into place the requirement for probable cause. The officer most likely knows that arresting someone without legal cause may but him and law enforcement agency into legal issues through a civil lawsuit because of false arrest.
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What Happens If You Resist Arrest
If you actively resist arrest, you can be charged with the offence of resisting police in the execution of their duty . Even if you believe you have not done anything wrong, the police may still arrest you in the circumstances listed above. The arrest, however, must be lawful and must not involve the use of excessive force.
What If The Police Didnt Read My Miranda Warnings
The police in Colorado are to inform you of your Miranda rights when you have been arrested and are being interrogated. Many people are under the misconception that if the police do not read them their rights they can automatically win their case. The Miranda warnings only apply to custodial interrogation.
If the police fail to read your Miranda warnings and question you during custodial interrogation, your attorney may be able to file a motion to suppress any statements you made during the unlawful interrogation. Similarly, questioning you after you say you want to talk to your attorney may also be excluded from evidence.
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Evidence Found On A Search
If the police search you because they think you have committed an offence and find something related to another offence, they can charge you with the second offence. For example, if they find illegal drugs whilelooking for stolen property, they can charge you with possession of illegal drugs.
If you believe that you are being searched illegally or without a good reason, tell the police you object to the search and talk to a lawyer as soon as possible.
Always Ask If You Can Leave
During a stop in public or in your car, should ask if you are free to leave. If the police say yes, you should calmly walk or drive away. If the police say you are free to go but you stay, then your presence makes it a legal stop.
If the police say no and continue to question you, remember that you have the right to remain silent and to ask for an attorney. If the police continue to detain you and question you, ask again Officers, am I free to leave? The answer may have changed to yes.
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When Is A Detention Illegal
Whether or not a detention was legal depends on what was reasonable under the circumstances and whether or not your Fourth Amendment rights were violated. The Fourth Amendment establishes the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . .
Unfortunately, a few law enforcement officers still think its okay to bend the rules. If you are charged with a crime because police officers used unlawful tactics or violated your rights, you must contact a Texas criminal defense attorney promptly and tell that attorney what happened.
Most police officers act professionally, but you cant assume that every officer will obey the rules and treat you properly. If you are detained, be as cooperative and polite as possible without conceding your right to remain silent.
What Should You Do If Youre Placed Under Arrest
If a police officer tells you that you are under arrest, do not resist, even if its an illegal or false arrest. Try to remember and then try to tell your lawyer exactly what happened. Your defense attorney will advise you about the steps you can take to obtain justice.
The most egregious cases of police misconduct may result in criminal charges. Charges against police officers make a great deal of news, but the fact is, such cases are extremely rare.
Police officers are more often held accountable for misconduct including false arrests and illegal detentions with civil lawsuits. A government employee may not violate anyones legal or constitutional rights, and victims of such violations may seek to recover monetary damages.
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Walking In On A Warrant
Once criminal charges have been issued against you it is a good idea to turn yourself in as soon as possible rather than wait for the cops to come get you or pull you over on your way to work.
Lets face it, there is no good time to be a criminal defendant no matter what is going on in your personal life. The benefit you gain by turning yourself in shows the judge that you are likely to come back to court and defend the charges. When deciding bond, turning yourself in shows the judge that you are less likely to be a flight risk and, in most cases, should result in a lower cash bond or personal bond.
Walking in on a warrant means to turn yourself into the court that has jurisdiction over you where you will be arraigned and bond will be addressed.
How Can You Help Your Attorney
If you are being arrested, do not try to resist arrest even a wrongful or illegal arrest. Instead, try to remember the details of the incident, give your attorney the best possible account of what happened, and let your attorney recommend the best way to move forward with legal action.
If you have been charged with a criminal offense as the result of a wrongful arrest or an illegal detention, a Roanoke criminal defense attorney in some cases may be able to have the charge against you entirely dropped or dismissed.
If you are falsely arrested, illegally detained, or the victim of some other police misconduct in Virginia, and if you and your attorney can prove it, you may even be able to bring a lawsuit and win damages against those who victimized you.
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Can I Be Charged With A Crime Without Being Arrested
The simple answer to this question is yes you can be charged with a crime without ever being arrested. Its even possible to be charged with a crime without ever speaking to a police officer.
If you have been charged with a crime contact Michigan criminal lawyer, Aaron J. Boria 453-7806.
It is possible that you will receive a criminal citation ticket in the mail from a police officer, a notice to appear to defend criminal charges in the mail from a court, or you could even find out you have been charged with a crime by being stopped by police for a traffic ticket and the officer notifies you of a pending charge.
Due To Jail Overpopulation Police Are Progressively Using Citations In Some Urban Areas
A person accused of a crime does not imply that they have been arrested. Moreover, an individual can be accused or charged without being arrested.
But although criminal charges usually follow an arrest, it is not the same as being charged. According to Alan Cohen, a Houston criminal defense lawyer, when the police have enough proof that you committed a crime, they will charge you the charge will state the offense, when, and where it occurred. If you are arrested, the police will tell you that you are not required to speak to them, but if you do, any statements you make can be used against you.
Citations & Arrests
Most states have an alternative to arrests called citations. Officers can issue citations instead of arresting people for traffic offenses and minor misdemeanors . A citation is an order to attend court. A person who signs the citation agrees to appear in court on or before the date mentioned in exchange for their freedom.
Due to jail overpopulation, police are progressively using citations in some urban areas. In some cases, the law requires jails to limit the number of inmates they house. As a result, many police departments instruct their officers to issue citations to suspects who would have been arrested in the past.
What Does Being Charged and Being Arrested Mean?
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What Is Probable Cause For An Arrest
The Fourth Amendment of the U.S. Constitution requires that the police have “probable cause” before they detain someone or search and seize their property. It restricts the government from unlawful search and seizure. More specifically, the Fourth Amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This phrase within the U.S. Constitution is vague, but over time and as a result of court cases, it has been more clearly defined.
Probable cause is based on factual evidence, not suspicions or hunches. This evidence can be gathered from:
- Observation alone : This includes not only observed evidence of a crime but also observations of a familiar pattern of criminal activity, such as when an officer sees a car circling around an area repeatedly or when someone is flashing their headlights
- Witnesses, victims, and informants
- Police expertise, training, and experience
- The collective knowledge of police, as an arresting officer may know of evidence collected by colleagues or other agencies
- Circumstantial evidence that indirectly indicates that a crime has occurred, such as a broken window
- Reasonable inferences that can be drawn from the available evidence
When May Police Officers Detain Someone
When and why may you be detained by the police? A law enforcement officer may briefly detain you on the street, at your door, or at your business, question you, and ask you for identification if the officer reasonably suspects that you are or have been involved in criminal activity.
You may also be legally and briefly detained if the police are investigating a crime and they reasonably believe that you may be able to offer relevant information about that crime and/or the perpetrator.
Suspects who are being arrested are usually informed of the charges, handcuffed, and read their Miranda rights. Detention is different. The courts have held that a detention must not take more time than necessary and must not violate an innocent persons privacy more than necessary.
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Warrants And When Police Can Make An Assault And Battery Arrest
In some cases police can take a person into custody even though they do not yet have a warrant. In other cases police are not permitted to make an arrest without a warrant so the officer must either go get an arrest warrant and return to arrest the person or persuade the accused to voluntarily accompany the police to the station to be served with the warrant. For some this is an attractive option because it avoids the embarrassment and disruption of having the police return to make the arrest at a later time which is almost certainly going to be less convenient.
Although the normal rule under Virginia law is that officers should not make warrantless arrests for misdemeanor offenses which were not committed in the presence of the officer, the crimes of Assault and Battery and Assault and Battery of a Family or Household Member are exceptions to that general rule and Virginia law allows officers to do so. In fact, Virginia law says that in most cases if an officer has probable cause to believe a Domestic A& B has occurred, the officer “shall arrest and take into custody the…predominant physical aggressor.” Therefore, officers in Virginia are not required to make an arrest if investigation reveals that an Assault and Battery has occurred, but if the Assault and Battery was against a family or household member then Virginia law does require officers to arrest the “predominant physical aggressor.”
What Do The Police Have To Tell You When They Arrest You
A police officer must always tell you that you are under arrest and explain why you are under arrest. They must also caution you that you do not have to say or do anything, but that if you do, it may be used in evidence against you. You should not answer any questions, apart from giving your name and address, without first speaking to a lawyer. A police officer should also tell you their name and place of duty.
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