Generally, whether on or off duty, any federal, state, or local law enforcement officer can arrest an individual. In some cases, even a parole or probation officer can take a person into custody. Typically, to arrest a person in their home, cops must have a signed warrant giving permission to do so. However, if an officer has good reason to believe a person committed a crime, they can make an arrest without having a court order.
What Is an Arrest?
When an officer makes an arrest, that means they are taking a person suspected of committing an offense into custody. The suspect cannot leave the scene of the alleged crime and might be taken into the station for further questioning.
What Rights Does the Individual Have?
If the police decide to interrogate an individual they arrested, they must inform them of their rights. Known as the Miranda Warning, this phrase reminds people that they are protected by the U.S. Constitution from providing self-incriminating statements to law enforcement. If the police fail to Mirandize a suspect, any statements made during questioning might not be admissible in court.
The individual also has the right to have an attorney present during questioning. If they invoke this right, the police must wait until the lawyer arrives before continuing with the interrogation.
What Else May Be Required at the Station?
Depending on the type of offense a person is taken into custody for, they might be required to provide physical evidence to police. For example, if a driver was arrested for DUI, they may be subject to a blood or breath test to determine the amount of alcohol in their system, if any. The individual could refuse to submit to chemical testing; however, doing so could result in additional penalties such as driver’s license suspension.
When Will a Suspect Be Released?
If after questioning the officer or prosecutor does not feel there is enough evidence to prove that the individual in custody committed the alleged offense, they might release them. However, if there is a reason to believe the person was involved in criminal activity, the officers might take them to jail. The individual will remain there either until bail is posted or they are taken to court for their arraignment.
Schedule a Free Consultation with Corrigan Welbourn Stokke, APLC
If you or a loved one was arrested, contact a skilled attorney as soon as possible. Our team has extensive experience defending individuals accused of cimmitting various federal crimes and state crimes, and we will provide sound legal advice throughout the arrest and trial process. During questioning or at your arraignment, we can help you understand what information to give to the police or how to plead in court.
Get over 100 years of combined legal experience on your side by calling us at (949) 251-0330 or contacting us online.