Arrest Versus Detention

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When a person is detained by the police, they may assume they are under arrest. In actuality, there are significant differences between being detained and being arrested. When a person is detained, the police are simply holding them to investigate a particular crime. This means that they can only hold the person for a “reasonable amount of time.” The Supreme Court has defined this approximately 20 minutes. A Defense Lawyer can help if you have been arrested after being detained and make sure that your rights were respected by the police.

Details of a Detainment

When a person is detained, their liberty is not being restricted. When a person is arrested, they are not free to leave until they post bond or they are released of their own recognizance. If you are unclear, you should ask the police if you are under arrest. If they say no or do not answer, ask if you are free to leave. If a reasonable amount of time has passed, police are forced to either place you under arrest or let you go. They cannot simply hold you indefinitely.

If you have been detained before your arrest, a Defense Lawyer will look to see if your arrest was legal. If your rights have been violated, we will aggressively fight to get the charges against you dropped.

If you have been arrested, the attorneys at The Law Offices of Patrick N. Anderson and Associates will fight for your rights. We will make sure that any arrest was legal and your rights were respected by the police. To learn more about your rights under the law, contact The Law Offices of Patrick N. Anderson and Associates today for a free consultation.

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