What is the Difference Between Detained and Arrested
A lot of people get this wrong when it comes to criminal law: being arrested is not the same as being held. Arrest and detention are both interactions with the police, but arrest means you are charged with a crime and detention just means you are being questioned by police for a short time. It is in your best interest to talk to an experienced criminal defense lawyer whether you are being held or arrested.
What is Detainment?
A detainment refers to the temporary detention of an individual by police enforcement.Detentions may arise in many circumstances, such as vehicular stops or street confrontations. If law enforcement apprehends you, they suspect that you have engaged in criminal activity, but lack sufficient proof to make an arrest.
Pretrial detention by the police requires more than mere intuition. Their suspicion must be reasonable that you have committed a crime. Police are prohibited from detaining you without grounds of reasonable suspicion.
Law enforcement has the authority to temporarily hold you for a reasonable period of time without formally putting you in custody, in order to interrogate you and ascertain whether there is sufficient evidence to suggest that you have engaged in criminal activity. Provided that they possess sufficient evidence to satisfy the criteria of probable cause, they are obligated to release you.
What is an Arrest?
Upon establishing reasonable cause that you have committed a crime, the police have the authority to apprehend you. **Arrest is a more serious and official measure carried out by law enforcement. Criminal detention refers to the deliberate act of restricting your liberty with the purpose of accusing you of a certain offense.
Upon arrest, you are entitled to several constitutional rights, including the privilege to maintain silence and the privilege to representation by a lawyer. Police arrests usually result in your being taken into prison and subsequently booked into jail.
An inherent differentiation between detention and arrest is in their respective lengths of time. Detentions enable law enforcement to promptly evaluate a situation. In contrast, arrests entail a more extended period of liberty restriction and initiate a judicial procedure that could result in criminal prosecution.
Arrested vs. Detained
Arrest refers to the official process of law enforcement authorities taking an individual into custody. Arrest results in the deprivation of an individual’s liberty and their compulsory transfer to a police station or detention facility for the purpose of booking. Typically, an arrest is made when there is reasonable reason to suspect that the person has engaged in criminal activity. At the time of an arrest, law enforcement personnel are required to recite the Miranda rights to the person, so notifying them of their entitlement to refrain from speaking and to legal counsel.
Detention, on the other hand, means that someone is held by the police for a short time so that they can ask them or look into something. In contrast to being arrested, being detained does not always mean that someone is accused of committing a crime. Police can hold someone if they have a good reason to think that person is up to no good or if they need to make sure that person is who they say they are. People should only be detained for a short time and not be locked up for long periods of time without a good reason.
Key Differences
- Legal Status : In the event of an arrest, an individual is formally taken into custody and charged with a crime. There are no formal charges associated with detention, which is a temporary holding facility used for investigative purposes.
- Duration: Detention is intended to be brief and restrictive, while arrests typically result in extended periods of custody.
- Rights: People who are arrested have certain legal rights, such as the right to a lawyer and the right to continue to speak out. People who are being held also have rights. For example, they have the right to know why they are being held and the right to be freed quickly if no charges are made.
conclusion
Legal terms used to describe imprisonment and arrest differ from one another even if they restrict an individual’s freedom. While arrest marks the apprehension and custody of a person suspected of committing a crime, detention is a temporary limitation mainly for interrogation or preserving order. Legal experts, law enforcement officials, and people themselves must understand the distinctions between detention and arrest if they are to negotiate legal procedures and protect individual rights.
When someone is arrested and taken into custody?”
No individual arrested shall be held in custody without being notified of the grounds for such arrest nor shall he be deprived the right to consult, and to be defended by, a legal practitioner of his choice.
What does this word mean in court?
to compel someone formally to remain in a location: The police are holding a suspect under more inquiry. Retaining someone also delays that individual for a little length of time: We got at the movie somewhat late after being held in traffic.
What does the word “arrested” mean?
Usually because someone has been accused of or spotted committing a crime, an arrest is the act of catching and bringing a person into custody—legal protection or control. Once taken into custody, the individual can be charged or subjected additional questioning.
What does “detained” mean?
- The cops took them into custody to question them. He said he had been held without a warrant. Unexpected business had kept her busy. Arrested persons are formally brought into custody and charged with a crime. Detention is a temporary custody used for investigations free from official charges.
