An unexpected encounter with law enforcement is surely a stressful experience, especially when you are not aware of the details of how it works. Two of the most commonly used terms in such events are “detention” and “arrest.” Despite their interchangeable use, both words have different meanings and routes. Knowing the distinguishing characteristics is crucial while dealing with the police. Here’s a simple breakdown for your understanding.
It is basically a temporary stop, mainly for investigation purposes. Imagine being pulled over during a traffic stop or suspected of shoplifting and asked to step aside for some questions; that is detention. In legal terms, it is a short-term stop by law enforcement to investigate a possible crime or offense.
It’s a mixed situation; neither are you free to leave nor are you officially under arrest. The key factor is reasonable suspicion. The police must have a valid reason to believe you are either involved in or are about to commit a crime.
While in detention, the law-enforcement officers ask a series of questions and conduct a pat-down search for weapons. Remain calm, cooperate, and remember you have the right to remain silent and request an attorney.
This is a formal act by law, and police officers usually carry a warrant for taking you into custody. Once arrested, you no longer have free will to leave, and the next step would be processing.
After arresting you, they will read your rights, which include the right to remain silent and the right to an attorney to plead your case. Getting arrested is a more serious situation involving legal procedures that may lead to court trials and potential consequences.
Law Enforcement’s View on Detention and Arrest
From the law enforcement standpoint, detention is for preliminary investigations and the establishment of a cause. On the other hand, an arrest happens after they have solid evidence to charge an individual officially and initiate legal proceedings.
Your Rights During Arrest Or Detention
Whether you are detained or arrested by the police, it is essential to know your rights. You must know your fundamental rights to act upon.
- The Right to Remain Silent: You are not answerable to law enforcement’s questions beyond basic information. Anything you say can and will be used against you in court, so exercise this right until you consult with your attorney.
- Refusing Giving Consent to a Search: During detention, you have the power to refuse consent to a search of your person or vehicle. Use the phrase clearly, “I do not consent to a search.” More often than not, this statement is sufficient, though it is not guaranteed.
- Protection Against Excessive Force: While police can use necessary force for safety, they cannot attempt unreasonable force. If you have been subjected to unfair force during your arrest, document injuries and seek medical attention.
- The Right to an Attorney: Whether detained or arrested, you have the right to legal representation. Get in touch with an attorney before giving answers to the questions or making statements in front of the court. If you cannot afford to pay for one yourself, an attorney will be appointed to you.
How Can We Assist You
In both scenarios, having a defense attorney by your side is crucial. They understand the justice system and can effectively communicate with the people of the court. An attorney will review your criminal history and devise a defense strategy according to that, minimizing or dismissing the charges against you.
Knowing the difference between detention and arrest is more than legal technicalities; it is about giving yourself power during encounters with law enforcement. Detention is a temporary halt by the police, while an arrest is them taking you into permanent custody. Whether you find yourself in any situation, don’t hesitate to consult with a skilled lawyer who can help you get out of that situation with minimum damage. You can get in touch with our attorneys from Edwards Sutarwalla Samani LLP to help you in this regard. Call us at (713) 565-1353 to get started.