Police Custody - When and Where?

There is a difference in police custody, detention, and an arrest. The person affected may need to know the difference and when he or she may hire a lawyer to assist with the matter. When the police ask questions and detain a person, this may lead to an arrest where the person is in police custody and may also remain in a local or county jail for a period of time.
What Is Police Custody?
A person considered in police custody is someone arrested or under some form of suspicion that does submit to the authority of a law enforcement officer. The courts will consider the circumstances of the arrest and custody when looking at the situation and to determine if the interview process was valid. Many suspects may not need a lawyer immediately with a lack of Miranda Rights given or when the officers do not question the person. However, when in custody, the individual may have the opportunity to hire or contact a lawyer if the cops will question the person linked to a suspicious activity.Detention of a Person
Many officers will detain a person in public or in a private area to question him or her about something. However, many of these situations do not require the arrest or custody of a person depending on the suspicion or activity involved. An arrest is possible if the cops believe the person has a connection or an involvement with the matter. Then, the suspect may remain in custody until either he or she hires a lawyer or the police officers release him or her for a time. Many instances of detainment are only to gather information, and the individual may have little or no association to the crime or questions.The Lack of Freedom
The general rule that exists for citizens of the country when applied to arrests or detention often explains whether the person is in police custody or not. If the suspect is not free to leave the encounter with the police of his or her own volition, the cops may have the person in custody. This generally applies to incidents where an injury occurred, with accidents, where criminal activity and illegal actions happen and if the cops need to question the person as to a connection to a broke legal process. This may warrant an arrest, but some only face a temporary detention. If the law enforcement officers believe the person is part of the incident, they may charge the individual with a crime.The Arrest of a Person
When in police custody, the individual associated with some infraction will generally face an arrest. This often happens when the cops believe the person has a direct connection with illegal activity. However, an arrest may occur if there is suspicion of a crime or when the police require certain answers to questions about an incident. Suspicious behavior and erratic body language may also arouse suspicion about an association with illegal actions. Any close proximity to criminals may also constitute feelings of mistrust with the person. Some of these incidents lead to an arrest, and other situations only cause a temporary detention.Police Involvement
Before police will arrest or detain someone that leads to police custody, the officer usually must have some suspicion of illegal activity or that the person is part of an ongoing crime. The cop may ask the person questions to determine any connection, or he or she may arrest the individual based on erratic behavior. Taking this person to the local precinct may result in an interview that provides the suspect with the ability to hire a lawyer. However, if this matter does not require an arrest, the police may only detain the person to attempt to discover new information about illegal activities in the area.Restraint on movement to determine a connection to a crime is generally part of an arrest. While in police custody, the officers may attempt to question the person or read him or her Miranda Rights. At this point, a lawyer may become involved in the situation.
Hiring a Lawyer for Police Custody Matters
To avoid charges or to mitigate the damage of facing charges for connections to illegal activity, the person in police custody may need to hire a lawyer. The legal professional will work to protect his or her rights and keep the suspect out of jail. If the matter leads to criminal charges, the lawyer will work through the case.Provided by HG.org
Read more on this legal issue
How do I say “No” to the Police?
What Happens if I Am Not Read My Rights?
What is the Difference Between a Human Right and a Civil Right?
What Are Miranda Rights?
What Are the Rules for Police Lineups?
Prisoner Rights While Incarcerated
After Arrest, What Do the Police Require?
Stopped on the Street - What Are My Rights?
Resisting Arrest without the Presence of Violence
Police Confessionals
Police Interrogation and Confessions
What to Do If There Is a Warrant for My Arrest?
Resisting Arrest during a Protest
Questioned Away from Police Station - DO I Need a Lawyer?
Parolee Rights after Early Release
How do I say “No” to the Police?
What Happens if I Am Not Read My Rights?
What is the Difference Between a Human Right and a Civil Right?
What Are Miranda Rights?
What Are the Rules for Police Lineups?
Prisoner Rights While Incarcerated
After Arrest, What Do the Police Require?
Stopped on the Street - What Are My Rights?
Resisting Arrest without the Presence of Violence
Police Confessionals
Police Interrogation and Confessions
What to Do If There Is a Warrant for My Arrest?
Resisting Arrest during a Protest
Questioned Away from Police Station - DO I Need a Lawyer?
Parolee Rights after Early Release
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

