A person arrested and wearing handcuffs

Differences Between an Arrest and Detention

A common misconception in criminal law is assuming that an arrest is the same as being detained. Under both circumstances you interact with the police, but an arrest signifies that you are charged with a crime. A detention is simply being taken away to be questioned by a police. Whether you have been arrested or detained, it’s essential to understand the differences and know your rights.

What is an arrest?

When you’re arrested by the police you’re handcuffed and taken into police custody. The arresting officer declares your Miranda Rights to you.

You can be arrested under two conditions:

  • With probably cause: Probable cause essentially means enough reason and evidence that you have engaged in a criminal act. Examples of probable cause include observation, reports from witnesses or victims, spotting criminal activity, being able to smell harmful substances, and even circumstantial evidence that indicate crime has taken place. Probable cause is a requirement by the fourth amendment to prevent officers from wrongly arresting people due to racial profiling or any other reason.
  • With a warrant: If an arrest warrant has been generated by a judge, the police have a right to arrest you. To obtain this arrest warrant, officers have to provide a written affidavit to a judge explaining why you need to be arrested. This document provides evidence to determine that you have indeed committed a crime. The application of a warrant is sometimes done over the phone in particular circumstances.

A drunk driver arrested on the highway

Whether you have been arrested with or without a warrant, it’s serious. You need to hire an attorney and get in touch with a bail bond service as well. An experienced attorney will safeguard your best interests.

What is police detention?

The authorities will detain you if they have reasonable doubt that you have engaged in criminal activity or are planning to commit a crime. A detainment isn’t like an arrest since you’re not charged with a crime. If your behavior is considered suspicious, you may be detained for questioning. Indiana is a stop and identify state and therefore, you’re required to give either your name, address, driver’s license, or date of birth.

If you have been arrested, get in touch with DeLaughter Bail Bonds. We are a family-owned bail bonds business that has been helping people in Indiana for a decade. We offer 24-hours bail bond services in Whitley County. With our bail agents working on your case, you’ll be out of jail in no time. We offer low bond rates to make freedom an affordable option for you! Reach out to our bail agents today.

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