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What Happens If Police Don’t Have Enough Evidence?
Even if police don’t have hard evidence of your guilt, you may still be placed under arrest if certain circumstances are present. Police must follow legal procedures during the arrest process, as well as during other stages of attempting to put a suspect in jail. Knowing what to expect in these situations can help you better handle them if you find yourself arrested without any hard evidence in place.
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Probable Cause
Police can only make an arrest if they have probable cause to believe that you have committed a crime. To have probable cause for an arrest, the police officer must reasonably believe that a suspect has committed a crime, is committing a crime, or will commit a crime. Probable cause is not based on feelings or suspicions; instead, probable cause is based on facts and circumstances. Detentions, or temporary detainment by police for the purpose of a search, are not arrest and don’t require probable cause, only reasonable suspicion of wrongdoing.
Different Types of Arrest
Once police have probable cause, they may arrest you in a variety of ways.
Take a look at different types of arrest:
- Lawful arrest: Police may make a lawful arrest in which you are placed in custody. An arraignment, or hearing, must take place within a specific time period following the arrest.
- Case submission: If police believe you won’t flee, they may submit your case to the District Attorney’s office. The office will send you a letter asking you to appear for an arraignment.
- Voluntary surrender: Police may also ask you to surrender yourself voluntarily to the police station.
Once you are in police custody you have the right to a lawyer and to remain silent.
Contact a Cleveland Criminal Defense Attorney
If you have been placed under arrest, enlist the help of our experienced Cleveland criminal defense lawyers at HMW Law. We can defend you from a wide variety of charges. Even if the police had no hard evidence when they charged you, it is worth it to enlist professional protection for your rights. You can be sure we will tirelessly defend your case and stand up for your legal rights.
