This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
In NY a suspect must be arraigned within 48 hours (72 hours on a weekend) or he must be released. At arraignment he is formally charged and most often bail conditions are set.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available.
The true statement about warrantless arrests is that an officer can arrest someone suspected of a felony without a warrant if they have probable cause. This is a higher standard than reasonable suspicion required for stop-and-frisk situations. So the correct answer is option(b).
Yes, if an officer has probable cause to believe someone has committed a crime, they can arrest them without a search or arrest warrant'. Normally the consequence is that that person can be brought to and booked into a jail.
Once an officer has stopped you, they can form probable cause to search or arrest you based on additional observations. Probable cause is determined on a case-by-case basis, looking at the totality of the circumstances. The officer needs to have more than a "hunch" or a suspicion that you were up to something illegal.
Two types of arrests exist: (1) actual restraint (with or without the use of force) and (2) submission to custody.