Criminal Law Frequently Asked Questions . . .

Below are some quick answers to some common legal questions often asked by clients or their family members. This information is not meant to substitute for actual legal advice or analysis  because no two cases are exactly alike and a single small difference in the facts of a case can make a huge difference in the outcome.

 

General Questions . . .

Can a police officer detain me without arresting me?

Can a police officer detain me without arresting me?

Yes. If he has reasonable suspicions to believe you are committing a crime, a police officer can stop and detain you for a limited time to confirm or deny  his suspicions. If the officer has reasonable grounds to think you’re armed he may conduct a limited pat-down search of your outer clothing. Although the officer can question you, you have the right not to answer. But a refusal to identify yourself, may give the officer grounds to arrest you. Once the officer confirms or dispels his suspicions, he must either arrest you or let you go.

What are my rights when a police officer starts to question me?
When am I officially "under arrest"?

Can a police officer arrest me without an arrest warrant?

How much force can a police officer use?

What property of mine can a police officer search?

What happens after I am arrested?

If I am arrested how do I get out of jail?

If a Police Officer asks me to take a field sobriety test, can I refuse?
I was arrested several years ago. Can the arrest be expunged or removed from my record?