What is a Detainment Vs. an Arrest in California?
When the police come knocking it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather to take an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference in detainment and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.
Having the support of an experienced and skilled California criminal defense attorney providing you legal counsel when you are being questioned by the police is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities. When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have in relation to a crime should not be done without the support of your attorney.
How are Detainment and Arrest Different?
Detainment and arrest are connected but are different. A detainment may not result in criminal charges where an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid. The officer can hold you for a period of time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detainment may not take too long. However, when detainment is in response to a major criminal event, detainment can be prolonged.
Regardless of the crime you are believed to be associated with, when you are detained, if there isn’t enough information that can sufficiently link you to it you will likely not be arrested and instead, let go. Should law enforcement learn more about your case and that leads to probable cause, you will be arrested. When you are outright arrested, by contrast, both an investigation and questioning will still take place.
In both detainment and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.
An arrest can happen without detainment, meaning, if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights detail your right to remain silent. While you won’t be read your Miranda Rights during a detainment, you still have the right to remain silent and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.
Speak with a Los Angeles Criminal Defense Attorney Today
Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. The Los Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Call the Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.