Over 50 Combined Years of Experience

What Is the Difference Between Being Arrested and Being Detained?

In order to detain someone, the officers just have to have what’s called an articulable suspicion that a crime has been committed. For example, if the police receive a 911 call that a person wearing certain clothing has robbed a store, they have the ability to detain anyone who looks like that in the area. At that point, law enforcement can detain a person there until they can figure out what’s going on. When detained, you are no longer free to leave, but you are not under arrest. You are not technically in custody, so your rights don’t apply to you, in terms of your right to remain silent.

An arrest comes when there is actual probable cause that a crime has been committed. For example, when the robber who robbed that store is located and identified, there is probable cause to arrest him and take him into custody. Handcuffs are placed on him and he is transported to the police station.

Are There Any Limits To Interrogation By Law Enforcement? Is There A Line They Don’t Cross?

The police may claim to have your fingerprints or your photo, and they can legally lie about any of that in order to make someone think that they have a really good case. At that point, the person in custody will usually just confess. The only thing that they cannot lie to you about is whether you have the right to an attorney and whether you have the right to stop answering questions. In those instances, the statements that you give would be inadmissible against you. In addition, they can’t threaten you with any sort of bodily harm or with consequences that they don’t have the ability to lawfully carry out. If they were to do that, the statements that you give could be viewed as not being voluntary and therefore not admissible.

Is It True That Police Will Go Easy On Me If I Cooperate?

Police officers do not have the ability to control what you get charged with or what sentence the judge imposes. All the police officer has the discretion to do is to convey to the prosecutor whether you cooperated or not. Once you are arrested for a crime, the District Attorney has the ability to either raise the charge or lower the charge, based upon what the evidence provides. They are not in any way bound by any promises that the police officer makes.

For more information on Being Arrested vs. Being Detained In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.

Categories