The term arrest refers to being taken into police custody, against the individual’s will. However, this isn’t the same as being put behind bars. Similarly, if the police ask you to stop, questions you, and allows you to leave—it’s not legally called an arrest.
In this post, we will clear all the confusion regarding criminal arrests and interrogations.
Can I Be Arrested Without An Arrest Warrant?
An arrest warrant authorizes the police officer to arrest you legally. The magistrate issues the warrant only after the police officer can present a sworn affidavit with a probable cause. The probable cause explains that the officer has a reason to believe that the crime was committed by the person named in the arrest warrant.
If the officer has a reason to believe that the crime was committed, they can arrest without a warrant. However, there are three exceptions:
- Absent exigent circumstances: This is when the officer believes that prompt action was necessary to prevent harm to the officer or prevent destruction of evidence.
- The officer can arrest you if they believe that it is in the public interest to put you behind bars.
What Are My Rights As A Defendant?
After you’ve been arrested, you have a right to know why you’re arrested and what charges have been brought against you. You also have a right to be informed about the arresting officers’ identity and remain silent if you don’t want to be questioned. Defendants also have the right to communicate with their family, friends, attorney, or bail bond agent through telephone. You can also choose to be represented by your lawyer before giving any statement to the police.
As a defendant, you also have Miranda rights. The Miranda warning is the officer’s formal admonition in which they inform you about your constitutional right to remain silent. This is a prophylactic measure to prevent law enforcement personnel from forcing the defendant to self-incriminate.
What Can I Do If My Arrest Was Illegal?
If you feel like the police have arrested you wrongly and there was no legal probable cause, you have every right to contest the arrest’s validity. An arrest is also wrongful if:
- The wrong individual was arrested.
- You were arrested without a mention of your Miranda rights
- You were arrested without a just cause.
- The officer obtained the warrant by giving false information to the magistrate.
- The arrest was made for personal gain, malicious intent, or based on race.
In either case, your first step is to speak to your bail bond agent and secure your bail. After you’re out on bail, you can get in touch with your attorney and start preparing for the hearing. If you’re based in Indiana, DeLaughter Bail Bonds is your best bet! We are up and serving 24 hours a day in Kosciusko County, Whitley County, Miami County, and Wells County.
