Pa u l M. W i l l i a m s

Attorney At Law, PLLC

Criminal Law

Common Questions Associated With Criminal Law


Arrest:

Being arrested can be one the most frighting events anyone has to face, especially if its your first
time. However, being arrested does not mean your guilty or that you have done something time.
However, being arrested does not mean your guilty or that you have done something obtained It
means that the police have formed a belief, based on the information they have obtained that a
crime has been committed. The officer's belief must rise to the level of probable cause before an
arrest can be made, which means that in their opinion it's more likely then not that you committed
a crime or did something wrong.

What happens prior to the arrest:

If someone is stopped by the police and questioned, they're usually consider being detained not
arrested and should typically cooperate. It is during this period of time the police are attempting to
gather information, ascertain if a crime has occurred, and establish probable cause. However, it
should be noted that if a person is simply being detained, their Miranda Right have not attached
and anything they say or do may be used against them. Therefore, one should be careful in
divulging to much information, especially if they're not sure if they have violated the law.

What to do if arrested:

Miranda Rights attach, which means you have the right to remain silent, and anything you say
may be used against you in a court of law and that you have the right to attorney. Contrary to
popular television shows and movies, exercising your right to remain silent cannot be used against
you and may prevent self-incrimination.

Miranda Rights should be read upon being arrested and certainly before being questioned. If these
rights are not read, any information obtained may be suppressed. However, it should be noted that
it is possible to wave your rights by making voluntary statements to the police or a third party.

Who decides the charges:

The determination as to whether an individual will be charged, resides with the Prosecutor. If the
Prosecutor decides to charge an individual, the court usually requires bail to be posted in order to
be released while awaiting trail.


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