What Is the Difference Between Detained and Arrested?

Being held by law enforcement can be incredibly overwhelming and confusing, especially when you are unsure of your rights. It can help to know the difference between detainment and arrest plus the legal implications involved. If you have been detained or arrested, it might be necessary to hire a San Marcos criminal attorney.

Understanding the Implications of Detainment and Arrest

When a person is detained, it means that they are temporarily being held by law enforcement for questioning purposes. During a detainment, you are not free to leave, but the detention is typically brief. The purpose of a detainment is to allow law enforcement to establish whether there are reasonable grounds to suspect you of being involved in a crime. Detainments can occur during traffic stops, in public spaces, or in various other circumstances where law enforcement has a reasonable suspicion.

On the other hand, arrest is more serious, as it involves the actual deprivation of liberty. When you are arrested, you are taken into custody and are also not free to leave. Unlike detainment, an arrest is based on probable cause, which means that law enforcement must have enough evidence or facts to believe that you have committed a crime. Arrests typically involve the use of handcuffs, reading of Miranda rights, and transportation to a police station.

Legal Rights and Protections During Detainment or Arrest

One fundamental right that applies to both detainment and arrest is the right to remain silent, to refuse to answer any questions posed by law enforcement. Furthermore, you have the right to be informed of the reason for your detainment or arrest. Law enforcement should provide a clear explanation. If you request this information and it is not provided, it may be beneficial to consult with a San Marcos criminal defense lawyer.

During a detainment, law enforcement has the authority to pat you down and conduct a limited search. However, they cannot search your personal belongings or vehicle without your consent without a valid warrant.

Circumstances Leading to Detainment or Arrest

Detainment often occurs when law enforcement has a reasonable suspicion that you are involved in criminal activity, such as:

• A traffic stop
• Exhibiting suspicious behavior in a public space, like wearing a heavy coat on a 100 degree day
• Matching the description of a suspect in an ongoing investigation
• Being present at the scene of a crime

Again, arrest occurs when law enforcement has probable cause to believe that you have committed a specific crime.

Knowing When to Seek Legal Assistance

Here are three scenarios in which you should contact a criminal defense lawyer in Texas:

• Unlawful Detention: If you find yourself being held against your will without just cause or without a proper legal basis
• Violation of Arrest Rights: If you believe that your arrest rights have been violated
• Excessive Use of Force: If you have been subjected to excessive force during your detention or arrest

We Are Experienced San Marcos Criminal Defense Lawyers

Contact Mendoza Law Firm today if you are facing detainment or arrest in Texas. Our San Marcos criminal defense attorneys are knowledgeable about every legal detail of detentions and arrests. If you are concerned that your rights have been violated, contact us now for a free case review.