Stages Of A Criminal Case Arrest

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The first step in a criminal case is the arrest. Generally, police officers begin the stages of a criminal case by placing a suspect under arrest and taking that suspect into police custody, so that the suspect is no longer at liberty to leave or move about.

An arrest may be made by an officer when they have witnessed a crime being committed. An officer may also arrest an individual if they believe there is "probable cause" to arrest based on facts and circumstances that a person has committed, or is about to commit, a crime.

If a valid warrant to arrest a person has been obtained by a police officer, then the arrest is also considered lawful. An arrest warrant is defined as a legal document issued by a judge or magistrate. This usually happens after a police officer has submitted a sworn statement that sets out the basis for the arrest. When a police officer issues an arrest warrant, it usually: identifies the crime(s) committed, specifies where the suspect should be located, identifies the individual being accused of the crime, and gives the police officer permission to arrest that individual.

A statement made by a person who has been arrested cannot be used against him or her unless they have been read their rights. These rights are also known as Miranda rights, after the U.S. Supreme Court case Miranda v. Arizona. After a person is taken into custody, any interrogation must be preceded by a statement of his or her rights. If it is not, then whatever statements a person makes are generally inadmissible as evidence in a later trial. A person stopped by the police may refuse to answer questions without an attorney present, however, since any statements made by a suspect before their arrest, whether or not they were first given the Miranda warning, may be admissible in court.

The arrest will not always result in a criminal conviction. For very serious crimes and felonies, the person is often taken to either jail, prison, or the police station. Here, the suspect may be retained in custody pending an arraignment or the posting of bail or a bail bond. The option of bail is not granted to all suspected persons.

Other, less serious crimes may result in a notice or citation given to the suspect. This citation will include information concerning the suspect's arraignment or court appearance.

Arrest warrants are used in the United States. An arrest warrant, which authorizes an arrest, is generally issued by the courts. An arrest warrant will typically require certain information, such as the crime that has been committed and the name of the suspect. Sometimes, the location or locations where the suspected individual may be found will also be listed on the arrest warrant.

It is important to note that an arrest warrant is not required to make some arrests. Typically, an arrest warrant will be required in the arrest of a person who committed a misdemeanor crime that was not witnessed by an authorized individual, such as a police officer. The arrest of a suspect or suspects of a felony does not typically require an arrest warrant so long as the arresting official or officials have probable cause. Probable cause, the reasonable belief that a crime has been committed, also allows authorized individuals to search property as well as a person.

In some circumstances, an arrest can be considered unlawful. If the arrest is considered unlawful, the case can be dismissed.

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