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 . . .

 When am I officially "under arrest"?
Can a police officer detain me without arresting me?

A person is under arrest when a law enforcement officer physically takes them into custody or otherwise deprives them of their freedom of movement in order to hold them to answer for a criminal offense. Courts determine whether a person was under arrest in any given situation by asking whether a reasonable person would believe they were not free to leave under the circumstances.
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?