Law enforcement is bound to protect citizen’s constitutional rights, including the right to remain silent and to be free from unreasonable searches. The Fifth Amendment’s right against self-incrimination and Sixth Amendment’s right to counsel are to be respected by the police force while making an arrest.
If these rights are violated, the court may dismiss the case, on grounds of unlawful arrest. As a preventive criminal procedure rule, the Miranda warning is read out to an individual subjected to direct interrogation.
The criminal justice process begins when a person is taken into judicial custody and is no longer free. There are three main circumstances under which an officer can take someone into custody.
- Probable Cause: Under the circumstances that a cop has a sensible conviction, based on known facts, that an individual has perpetrated or is going to commit a crime, the official may detain them. Such a justification, known as “probable cause”, is justified in these situations.
- For instance, a police station receives a report of a rogue gunman at a public shopping center. Later in the evening, one of the officers spots a man matching the suspect’s exact description loitering near a parking spot. The officer stops and cross-examines the man, which confirms his suspicion. He can arrest and take the man to jail based on probable cause.
- Following the arrest, a bail amount is set by the court to ensure your appearance at the trial. If the amount is beyond what you can afford, you can contact Orange County bail bonds services to post your bail. All they require is 10% of the amount as fees, and they will arrive at your detention center in a no-time flat to initiate the application process.
- Within a few hours, you will walk home free, on the condition that you attend your trial on the stipulated day.
- Personal Observation: If a police officer personally witnesses a crime being committed, they may take the suspect(s) into custody. Say, while on street patrol, a police officer sees a person pickpocketing another. The officer can catch the pickpocket and bring them to prison, in light of the official’s very own observation of the incident. A typical example of arrests made using personal observation is driving while intoxicated.
- A Warrant Has Been Issued: A detention is legitimate when the law enforcement has a valid warrant to do as such. It is a legal document issued by the magistrate after a cop has presented a sworn explanation that sets out the reason for arresting the person.
- A warrant states the alleged crime(s) and details of the individual(s) associated. Furthermore, it specifies the probable location(s) of the suspect(s) and authorizes the police to take them into custody.
- The police are legally required to exercise their power within the parameters of that warrant.
An experienced bondsman can set you free before your day in court. Don’t waste your precious time rotting away in a cell; ensure speedy freedom using a bail bond, and start working a strong defense now.