What Is an Arrest?

Man in handcuffs

It seems like something you already know about, but do you truly know what it means to be arrested? Television and movies simply portray it as someone being put into handcuffs and taken to a police station or jail. But in real life, an arrest can happen without handcuffs and without a trip to the station. Read on to see what it means to be arrested.

Under Arrest Depends on Circumstances

In basic terms, an arrest occurs when police officers take a suspect into custody. Under the Fourth Amendment of the U.S. Constitution, an arrest is authorized only if those police officers have probable cause to believe a crime has been committed by the suspect in question. An arrest is complete the moment the suspect is no longer allowed to walk away from the arresting police officer. As mentioned earlier, this can happen well before anyone is taken to jail.

Unbeknownst to many, being pulled over for a routine traffic violation is technically you, the driver, being under arrest. This is because you are not free to leave until you have been issued a warning or a ticket. This form of arrest is temporary and is not part of your arrest record.

The worst part about being arrested is the fact it goes on your record and will stick with you until you are able to get it expunged, if at all. If you have been arrested it is in your best interest to consult an experienced criminal defense attorney to fight your charges.

NJ Attorney Defends those Accused of Crimes

There are many different variables that can play into an arrest. An experienced criminal defense attorney knows what to look for in order to make sure your rights were not violated. In New Jersey, the attorney you should turn to for help is James M. Porfido. With over 25 years of experience in criminal law, he can build you a strong defense and put you in the best position to beat your charges. Furthermore, Mr. Porfido handles the full gamut of criminal charges. From juvenile crimes and traffic violations to drug charges and sex crimes, there is nothing he cannot handle. Fill out the online contact form to begin discussing your legal options today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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