As it is often the case when people discuss the law, some words seem mistakenly interchangeable. But, as Henry Wade, a criminal defense lawyer in Texas points out, when you are faced with a legal situation, even one as run of the mill as being pulled over while driving, it is in your best interest to know as much about the situation as possible. This is a two-part process that comes from having a basic understanding of the legal system for yourself, and seeking further advice from a qualified attorney.
As part of The Wade Law Firm, and having over 20 years of legal practice, Wade distinguishes the difference between being detained and being arrested.
Being Detained
If an officer has reason to believe that a crime has been committed or will be committed, and that you have direct involvement in the crime or information about it, you can be detained. You have not yet been charged with any crime, which also gives the officer time to investigate the matter. This investigation can include, but is not limited to, asking you questions and patting you down to search for weapons if he believes any may be present on you. Even being pulled over is considered detainment because the police officer is investigating whether or not you have committed a traffic violation.
There is no distinguished amount of time that a detainment can last so it can vary from situation to situation. However, most of the time you will be held for less than an hour.
Being Arrested
If a member of law enforcement has probable cause to believe that you have been involved in a crime, then he has the right to place you under arrest. Probable cause means that the average-minded person would conclude that an illegal act has or will take place. Upon arrest, you will likely be read your Miranda rights (your rights) , and you can be removed from the area and placed in jail.
Differences and Similarities
Generally, detainment requires a lesser amount of proof than an arrest, and is also less severe.
In either instance, if you resist being detained or arrested, then the officer has the right to use force to apprehend you. Furthermore, resisting detainment is a crime, and you can then be arrested on the basis of your resistance alone. You also can request to speak with a lawyer regardless of whether you are being detained or arrested.
To know if any of your rights have been violated or if you were arrested without just cause, you should contact a lawyer to answer any legal questions you may have and help you decide how to best move forward with your case.
