An Arrest is when an officer of the law finds probable cause that an individual committed a crime. Typically the arrest is made at the scene of a crime (or close by), or with an arrest warrant after a crime has been committed. Not all arrests utilize handcuffs and the back of a police squad car. Many times an arrest is made with a citation or summons to appear in court for arraignment, especially for lower level crimes like petty theft and shoplifting.
Once an arrest is made, the accused is either given a promise to appear citation or summons and released, or taken into custody. Once in custody, handcuffed are generally used while the accused is transported to the police station or holding cell awaiting a court date or magistrate. If the arrest results in an individual being in cutody, then according to Texas Crim. Pro. Art. 14.06, an arrested person, no later than 48 hours after arrest, must be brought before the magistrate, who will set bail at the Examining Trial, according to Texas Crim. Pro. Art. 16.01.
Being stopped by the police, and even detained for a short period of time, does not necessarily mean to have been arrested. The law takes into account several factors to determine when a person has been arrested, and whether Miranda Rights (Right to Remain Silent) or searches may be conducted. The law is different regarding statements, confessions and searches depending on whether a person has been arrested, detained, or merely questioned.
Should I Ask for an Attorney or Lawyer when arrested or Questioned? You have the right to an attorney to be present at all crucial parts of a criminal case. While that does not include actually being arrested or taken into custody, it does include being interogated or questioned. If you request an attorney be present during questioning, law enforcement must cease questioning completely, or else risk losing whatever information thereafter received to a motion to suppress statements once the case has gotten to court
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