i was reading a news article last week, and the article mentioned that a person was arrested, and that charges may be brought against them at a later time. It was my understanding that one could only be arrested after charges were brought against them.
Is it possible to get an arrest warrant without charging someone with a crime? It that's the case, it seems a little bit unjust. I know with the patriot act, in cases of terrorism, charges don't have to be filed, but i'm referring to general cases by my question.
2007-03-12 10:35:32 · 6 answers · asked by hiltonsoiree 1 in Politics & Government ➔ Law & Ethics
The police can arrest you for suspicion of committing a crime,the courts charge you with a crime after weighing the evidence collected against you regarding the suspected crime.The Patriot Act is a different animal and was passed in haste in the moment of confusion.Many parts of it are being used against completely innocent Americans and foreigners here in the US.But you can be arrested under certain provisions of the Patriot Act and charged and it would be up to you and your lawyer to be able to prove otherwise.And even getting a lawyer might not be possible under the same act.You could be held indefinitly without representation or anyone actually even knowing that you had been arrested! Pretty scarey stuff.
2007-03-12 10:43:25 · answer #1 · answered by thomas c 2 · 0⤊ 0⤋
No.
Someone can be arrested where there is probable cause to believe a crime (felony) might have been committed, or where the police officer observes a misdemenor being committed. Arrest warrants also only require probable cause.
After the arrest, formal charges may or may not be filed. That's the decision of the prosecutor.
2007-03-12 17:40:41 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
As far as I know , there are different law giving arrests depending upon what the situation is about.You can be held for questionning to see if you actually did something wrong. You can be held in a detention centre untill evidence surfaces or someone post "bail" for you before you are charged. You need to be charged with something and then later "convicted" if the evidence proves you are guilty of doing something wrong.
It is possible to get an arrest warrant without charging someone if there is no concrete evidence. They need to hold someone under "suspicion" and they need to arrest the person first and detent them and then charge them .....that is the process.
2007-03-12 17:46:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Lots of people are arrested for resisting arrest, and the cops cant come up with a reason for arresting them in the first place.
2007-03-12 17:42:13 · answer #4 · answered by Proofoflife 3 · 0⤊ 0⤋
I think more specifically one can be "detained" with cause without ever having been arrested. If one is later released, I think technically they were not under arrest.
2007-03-12 17:39:56 · answer #5 · answered by theswamii 2 · 0⤊ 0⤋
A person can be arrested (Detained) on suspicion of commiting a crime.
2007-03-12 17:41:17 · answer #6 · answered by sluggo1947 4 · 0⤊ 0⤋