Of course, you don’t want to be arrested but it is important to know what it means to be arrested, the different types of arrests and some of their consequences.
Arrests serve an important role in ensuring law and order. During an arrest, the individual detained loses their freedom of movement and must be subject to the arresting officer’s authority.
What Is An Arrest?
An arrest is the act of law enforcement putting someone into custody. The term comes from the French word ‘arrester,’ which means ‘to stop or stay.’ Typically, an arrest entails restricting freedom of movement owing to alleged criminal activity.
People should be aware of the many types of arrests. This teaches both children and adults about their rights and obligations when dealing with the police.
Types of Arrests
Arrests can take several forms, each with a specific function in the area of law enforcement. Understanding the criminal justice system requires knowledge of many types of arrests.
1. Warrant Arrest
Warrant arrests occur when a judge authorizes the arrest of a specific individual for an accused crime. To obtain a warrant, there must be sufficient proof and a judge must sign it. Individuals have the right to read the warrant and understand the charges filed against them.
2. Misdemeanor Arrest
Misdemeanor arrests are for less serious crimes than felonies and they typically entail minor infractions. If police see a minor crime, they can arrest the suspect without a warrant.
Don’t forget that misdemeanors can result in fines, probation, or brief jail time. In most states, cops can only arrest if the offense occurred in their presence or if they have probable grounds to suspect the perpetrator committed a crime.
What is a Probable Cause?
The term “probable cause” authorizes the police to make a misdemeanor arrest even if they did not witness the crime.
For instance, when an officer arrives at the scene of an automobile accident and notices an intoxicated person vacating the driver’s seat, the police have probable reason to believe they were driving under the influence and can conduct an arrest.
Also, if the police can smell marijuana on an individual, the officer has probable cause to believe the person has the narcotic and can make an arrest even without seeing a bag of marijuana on the person.
Examples of Misdemeanor
Several offenses are classified as misdemeanors, including:
- Drunk and disorderly behavior
- Vandalism
- Aggressive or reckless driving
- Trespassing
- Indecent Exposure
- Theft or shoplifting property worth less than $500
- Battery
- Fleeing arrest
- Possession of marijuana (less than 1 ounce)
3. Felony Arrest
Felonies are serious offenses that can result in lengthy prison terms. Arrests for felonies typically require a warrant or probable cause.
Reasonable reasons are a clear definition of probable cause. If the court finds you guilty of a major crime, you could face a lengthy prison sentence. It can also affect your life in a variety of ways.
Typical offenses include murder, kidnapping, burglary, rape and arson. Drug trafficking is another type of felony charge. The vast majority of recent arrests have been for this action. Those caught committing these crimes will require the assistance of criminal defense attorneys. Unfortunately, authorities may penalize them with lengthy prison sentences, large fines, or both.
If you or a family member are facing jail time, you should consider how to sign up for inmate calls as soon as possible. People can face felony charges on a state or federal level, depending on which legislation they violated and where the crime occurred.
A federal crime, for example, will be heard in federal court, whereas a private property crime will most likely be heard in state court.
Examples of a State Felony
Some offenses designated as felonies are:
- Aggravated assault and battery
- Arson
- Fraud
- Kidnapping
- Manslaughter
- Murder
- Rape
- Robbery.
Examples of a Federal Felony
The federal government recognizes several offenses as felonies, including:
Drug trafficking
Counterfeiting
Human trafficking
Money laundering,
Piracy,
Sexual crimes against children
White collar crimes
Treason
Violent crimes
4. Citizen’s Arrest
People may occasionally arrest someone who is committing a crime. This is known as a citizen’s arrest. Citizens must strictly adhere to the rules for arrests, which vary by locality. If you handle a citizen’s arrest poorly, you may face legal consequences.
5. Juvenile Arrest
Minors are subject to distinct legislation and processes, with a focus on rehabilitation. Special courts help young people by putting rehabilitation before punishment for juvenile offenders. The primary goal is to promote good change and growth rather than vengeance.
Underage people may risk juvenile arrest for two sorts of offenses:
- Children may engage in illegal activities such as drinking, staying out late, leaving home, or skipping school.
- Adults and juveniles can commit delinquent offenses. These offenses include assault, theft, and driving without a license.
Juvenile arrests are similar to other sorts of arrests. The minor attends juvenile court. The judge determines whether to dismiss the case, provide probation, or mandate imprisonment.
6. The concept of house arrest
In some situations, house arrest might be a viable alternative to regular incarceration. Let’s look at its regulations and conditions.
House Arrest: Rules and Conditions
House arrest is a type of arrest in which a person is ordered to remain at home for a set period rather than being held in a correctional facility. This arrest can be enforced as a pre-trial measure, a probationary condition or as part of a sentence.
The regulations and circumstances for home arrest vary based on the jurisdiction and the specific case but generally may include:
- Remaining at the residence for a set period
- Wearing an electronic monitoring device (ankle bracelet) for compliance.
- Obtain permission before leaving home for specific reasons (e.g., work, medical appointments, religious services).
- Abstain from alcohol or drugs.
- Submit to regular check-ins with a probation officer or monitoring agency.
- Comply with court-ordered conditions.
It is crucial to realize that home arrest does not apply to all offenders. The seriousness of the crime, the defendant’s criminal history and public safety concerns may influence a court’s decision to impose house arrest as an alternative sentence.
Rights and Procedures During Arrest
Knowing your rights and the correct procedures when you are arrested is critical to protecting your legal interests.
- Remain silent: Without a solicitor present, you have the right to remain silent and refrain from answering inquiries or providing comments. This prevents self-incrimination or the unintended disclosure of information that could be used against you.
- Consult a solicitor or legal representative right away. Your solicitor can give you legal advice, represent you during interrogation, and help you with the legal process.
- Proper treatment: Law enforcement officers must treat you respectfully without using undue force, threats, or abuse during the arrest process.
If this happens, you may be able to seek legal action, such as filing a complaint or a lawsuit for damages.
- Notification of charges: You have the right to know the charges and grounds for your arrest.
- Phone: You have the right to telephone someone to report your arrest, seek assistance, or arrange for legal representation.
- Bail or release: Depending on the charge and circumstances, you may be eligible for bail or release on your recognizance while awaiting trial.
Understanding the methods and protocols used by law enforcement officials during arrests, as well as knowing your rights in these situations, can be critical in ensuring your safety, dignity, and legal rights throughout the arrest and legal process.
Potential Impacts of Arrests on Individuals
An arrest can have far-reaching effects. Being arrested can have long-term consequences for both your personal and professional life, including:
- Employment Prospects: Potential employers may examine your criminal background during the hiring process, restricting your employment options.
- Discrimination: People with an arrest or criminal record may endure stigma and discrimination in all spheres of life, regardless of whether they were convicted.
- Education: A criminal record might make it harder to gain admission or be dismissed from school.
- Character: Arrests can hurt your reputation on personal and professional levels, affecting relationships with family, friends and coworkers.
- Financial Consequences: Legal proceedings, fines and legal fees might result in large financial costs.
- Emotional and psychological impact: Arrests and legal proceedings can cause stress, anxiety and sadness.
- Housing: landlords may decline housing applications based on criminal records, making it difficult for those with arrests to find appropriate homes.
Conclusion
Understanding the different types of arrests allows people to preserve their rights and navigate the judicial system with confidence. It is critical to understand how arrests function and know the difference between a fair and unfair conclusion.
