There are procedures in place to guide the police when they need to make an arrest. Procedures can vary by state, so be sure to contact your local police department if you want to know the details for your area. Here is some general information about how an arrest goes.
Police officers have restricted circumstances for making an arrest. An officer has to observe a crime happening to make an arrest. Or if the police officer has probable cause, meaning enough facts or information to suggest the suspect’s guilt, then an arrest can be made. Additionally, when a judge issues a warrant an officer can make an arrest.
Before any questioning can happen, a suspect must be read their rights, called the Miranda rights. These rights include remaining silent, having a lawyer, and getting a lawyer appointed if the suspect can’t afford it. Officers are not required to read the rights immediately, but it must be done before questioning, so they tend to do that at arrest. Officers also may not be legally required to tell a suspect why they are being arrested, but normally they will.
If an officer makes an arrest with no warrant, the suspect can be held for a limited time, normally less than 48 hours. Throughout the process of the arrest, if an officer violates the person’s rights, the case could be dismissed by a judge. If you have more questions, you should contact a defense attorney to better understand the process.
If you or someone you love has been arrested and needs help with a bail bond, contact us today. We’ve got the experience and knowledge to help you through it.