law and legal

Custodial and Non-Custodial Arrests: What Are the Differences?

If an officer has probable cause to make an arrest, that arrest is lawful. Period.

However, being arrested comes in different forms, and not every arrest requires that you be put behind bars. Is it still an arrest in that case, though?

Let’s talk about custodial and non-custodial arrests:

Custodial arrests

Most arrests are custodial arrests. They involve a police officer detaining you, placing you in handcuffs, and taking you to the local police station. This could be the result of a crime that is recent or ongoing. The term ‘custodial’ implies that the police officer is depriving you of your right to freedom.

During a custodial arrest, you’re not allowed to leave the scene unless you’ve been granted bail or the case has been closed. It’s also important to note that a custodial arrest can only be carried out if the officer has an arrest warrant.

In the case of a custodial arrest, you will either have to post monetary bail or make arrangements for a bail bondsman to do so on your behalf. After this has been done, your hearing will be arranged for the next court date.

arrest

Non-custodial arrests

On the other hand, non-custodial arrests aren’t like conventional arrests; the defendant isn’t really taken into custody. Custodial arrests apply to more serious crimes and felonies, while non-custodial arrests are more common for minor misdemeanors like traffic violations.

Usually, the officer doesn’t take you to the local police department for further. In fact, they issue an infraction ticket and allow you to leave the scene soon after. However, his doesn’t mean that you’ve been set free. The infraction ticket binds you to return to the court and appear for hearings. The police officer also gives you a date for your hearing and puts your name on a list.

When you’re asked questions while in custody, it is known as custodial interrogation. On the other hand, a non-custodial interrogation is when the police officer gathers information from you, but you’re not officially considered a suspect as of yet and the offense is still being investigated.

DeLaughter Bail Bonds will always be a call away for all of your arrest-related woes! We offer bail bond services at affordable rates! Get in touch if you’re based in Indiana.

Leave a Reply

Your email address will not be published.