Criminal Arrest: Frequently Asked Questions
Las Vegas criminal defense attorney, Parviz Heshmati can teach you about the basics of criminal law, including classification of crimes, tips on how to handle your arrest, types of evidence, and the language typically used and what it means.
Criminal Arrest: What circumstances lead to an arrest? What do arrest warrants typically include?
1. The Arrest Process
Usually when a person is placed under arrest, a criminal case begins. An arrest is simply the exercise of police exercising authority over a person and making that person feel he or she is not free to leave.
An arrest does require the use of handcuffs or other physical restraints. A police officer only needs to advise a criminal suspect that he or she is under arrest. The suspect may voluntarily submit to the officer without the use of physical force for an arrest to be complete.
2. Circumstances Leading To Arrest
There are many different situations that may lead to an arrest. Typically, arrests fall into three categories.
- Officer Observes A Crime: If a police officer sees someone commit a crime, the officer may arrest that individual.
- Probable Cause: An officer's reasonable belief may allow an arrest based on probable cause. Probable cause occurs when a police officer weighs the facts and circumstances of a situation and has a reasonable belief that a person is about to commit a crime or has already committed a crime.
- Arrest Warrants: When a judge issues an arrest warrant this gives law enforcement the right to make an arrest. Arrest warrants are usually issued after the officer submits a sworn statement that summaries the reasons for the arrest.
Arrest warrants must generally include:
- A description of the alleged crime
- The person suspected of committing the crime
- The known addresses of the suspect's home, school and/or employer
- Written permission for the law enforcement officer to arrest the suspect
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