What if I am arrested?
An arrest is different from a stop. A stop involves brief questioning in the place where you were detained. If the officer wants to hold you longer, or decides to take you elsewhere, such as to the police station, he or she is no longer just stopping you, but is arresting you. An arrest deprives you of your freedom of movement for an even longer period of time than a stop, so the law limits the instances when arrests can be made. Being arrested in not the same as being charged with a crime. Each can occur without the other.
When can I be arrested?
You may be arrested by a police officer who personally saw you violate any misdemeanor state statute, city ordinance, federal law, or has probable cause to believe that you have committed a felony. Police arrest powers vary depending on the seriousness of the offense. The important thing is that the officer sees the misdemeanor violation or has probable cause to believe you committed a felony.
1. If the charge is a minor misdemeanor for which only a fine is the possible penalty (not time in jail), like jaywalking or speeding, the officer may not arrest you and take you into custody unless you fail to give your name, refuse to sign the citation, or have previously failed to appear in court or pay a fine on a similar offense which resulted in a warrant. Sighing the citation is not an admission of guilt. It is simply proof that the officer gave it to you.
2. An officer can generally only arrest you for a misdemeanor (time in jail) committed in his or her presence, EXCEPT if: 1) you have an outstanding warrant or long history of failure to appear in court; 2) your medical or mental state might cause you to harm yourself or others; 3) the offense is domestic violence or the officer is concerned you may harm another person; 4) you fail to identify yourself with your name and date of birth. If you refuse to identify yourself the officer can take you into custody to determine your identity.
3. You may be arrested for a felony (a crime for which prison is a possible penalty) even if the police officer did not personally see you commit the felony, IF the officer had probable cause to believe you committed the crime. Later, the court system (not the police) will determine if the officer’s belief was reasonable and if you are guilty or innocent.
4. You may be arrested when there is a warrant for your arrest, whether or not you are aware of the warrant. The police cannot cancel an existing warrant, even if it is mistaken. They must serve it and arrest the person named on the warrant. Only the court issuing the warrant can cancel the warrant.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org
An arrest is different from a stop. A stop involves brief questioning in the place where you were detained. If the officer wants to hold you longer, or decides to take you elsewhere, such as to the police station, he or she is no longer just stopping you, but is arresting you. An arrest deprives you of your freedom of movement for an even longer period of time than a stop, so the law limits the instances when arrests can be made. Being arrested in not the same as being charged with a crime. Each can occur without the other.
When can I be arrested?
You may be arrested by a police officer who personally saw you violate any misdemeanor state statute, city ordinance, federal law, or has probable cause to believe that you have committed a felony. Police arrest powers vary depending on the seriousness of the offense. The important thing is that the officer sees the misdemeanor violation or has probable cause to believe you committed a felony.
1. If the charge is a minor misdemeanor for which only a fine is the possible penalty (not time in jail), like jaywalking or speeding, the officer may not arrest you and take you into custody unless you fail to give your name, refuse to sign the citation, or have previously failed to appear in court or pay a fine on a similar offense which resulted in a warrant. Sighing the citation is not an admission of guilt. It is simply proof that the officer gave it to you.
2. An officer can generally only arrest you for a misdemeanor (time in jail) committed in his or her presence, EXCEPT if: 1) you have an outstanding warrant or long history of failure to appear in court; 2) your medical or mental state might cause you to harm yourself or others; 3) the offense is domestic violence or the officer is concerned you may harm another person; 4) you fail to identify yourself with your name and date of birth. If you refuse to identify yourself the officer can take you into custody to determine your identity.
3. You may be arrested for a felony (a crime for which prison is a possible penalty) even if the police officer did not personally see you commit the felony, IF the officer had probable cause to believe you committed the crime. Later, the court system (not the police) will determine if the officer’s belief was reasonable and if you are guilty or innocent.
4. You may be arrested when there is a warrant for your arrest, whether or not you are aware of the warrant. The police cannot cancel an existing warrant, even if it is mistaken. They must serve it and arrest the person named on the warrant. Only the court issuing the warrant can cancel the warrant.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org