Many people are surprised to learn how an arrest can happen. These questions cover whether police have to speak with you first, whether one person’s word can be enough, and how much investigation must come before an arrest. Each answer centers on probable cause.
Frequently Asked Questions
How can the police arrest me without talking to me?
The police can arrest you without talking to you, and it happens quite a lot. But the police are not required to talk to you before they arrest you. They usually go and get a warrant, or if they have probable cause to believe a felony has been committed, they will arrest you. They don’t have to talk to you. But, in most instances, if they’re talking to you, that’s really more to gather evidence as opposed to eliminate you as a suspect.
Can the police arrest me based upon someone’s word?
The police can arrest someone if there’s probable cause to believe a crime has been committed. Many times there’s only one witness, or one person claiming that to be true. Yes, if a person’s willing to tell the police that something happened and the police believe it and present it to a judge and get a warrant, a person can be arrested just based on the word of another person.
How much do police have to investigate before arresting you?
The police must have probable cause before they can arrest you. Sometimes police do a lot of investigating, sometimes they do minimal investigating. There’s no set amount of investigation that has to be done. It depends on the circumstances and the officer and what type of crime is being investigated. So, sometimes the investigation is very minimal, and people are really startled that they were arrested without very much investigation.
An arrest can come with little warning, and it can happen even when the police never asked for your side of the story. Greg McCollum has 30 years of experience in criminal defense and is a former prosecutor. If you are facing an arrest in South Carolina, speaking with an attorney early may help you understand your options.
If you have questions about being arrested, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.