Criminal Mischief

Can They Really Arrest Me?!

Let’s clear up some of the confusion about all the information and speculation about when the police can and cannot arrest someone.  The fact is you can’t be arrested without reason.   Defense attorney Leon Matchin wants you to be aware that there are three instances when you can be arrested in NJ:

1.     If an officer personally witnessed you violating the law you can be arrested depending on the seriousness of the offense.

2.    You can be arrested if the officer has probable cause to think that you committed the crime, regardless if you were caught in the act.  In a situation like this, the court system will determine whether or not you are innocent or guilty.

3.    The police have the authority to arrest you if there is a warrant out for your arrest regardless of whether you were aware of it or not.  An officer must serve the warrant and arrest you if you are the person named on it, as they cannot cancel an existing warrant.

Let’s take a further look at this last point.  A warrant is issued by a judge telling the police to arrest a particular person and bring them into custody.  It is a legal document and the arresting officer is not required to physically have the warrant on hand when they arrest someone.  They are, however, required to show the detainee the warrant within a reasonable amount of time and provide them with a copy.

If ever faced with a situation where you are being arrested, remember that arguing or resisting will not help you.  It only gives the police more criminal charges to add to your case.  This may be difficult, but don’t argue about your guilt or innocence or about why you’re being arrested.  All of these can make it more difficult if you are charged to get out of jail on bail.  And if taken into custody, always ask to speak to a lawyer and do not answer any questions until you have spoken with an attorney.  In need of legal representation?  Call attorney Leon Matchin at (833) 732-7320 today.

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