Is it legal to be arrested by the police without questioning? 48 Answers as of December 06, 2011

When it comes to domestic battery, they can and frequently do. The police are not required to question a suspect before making an arrest. One way he can prove his innocence is with witnesses or other independent evidence of his whereabouts at the time of the alleged incident. After this is all resolved in your husband's favor, he can sue her if he wants.

There is no legal requirement that the police question a person, or even give him an opportunity to respond, before arresting him for an offense. The legal requirement is that the police have probable cause to believe that the defendant has committed a crime, and in some cases (for example, to authorize them to enter the defendant's home to make an arrest except if an exception applies) they need to have submitted an application for an arrest warrant to a judge and obtained that judge's approval of the warrant. Negligent or incomplete investigation by the police does not generally make an arrest void, but it might make the case less likely to be pursued by the prosecutor.

There is no charge for filing a false police report. There is charge for obstructing, however I have never seen it filed in these circumstances. He should contact a lawyer ASAP. These are serious charges and difficult to defend.

If a person goes to the police and says they were hit by someone, the police can arrest that someone without knowing anything more. If they believe her, they dont have to give you the chance to explain. Sometimes, its better if you dont try. By the time the police decide to arrest, they have their minds made up. Its very rare for the police to change direction. Often when a person under arrest makes a statement, the police can influence that statement to make it sound bad. Your husband needs an effective defense against a crime that he did not commit. A good lawyer will be able to tell the story the police never allowed your husband to tell. He can sue the police for false arrest if they should have known the story that this woman told was false. He can also sue her.

It is possible to be arrested even though there was no questioning done by officers. If there are accusatory statements that lead the arresting agency to have enough cause to believe a crime has been committed, then they can arrest someone. Your ex-husband should hire an attorney to handle his case and prove his innocence. Alibi's as to where and what he was doing on the night of the alleged incident can certainly help.

Yes it is legal. You are mistaken when you say there is no proof. The woman's testimony/statements to the police can be proof as well as any observable injuries, medical treatment/records, 911 call, etc. The police are not under a duty to investigate the claims of a civilian complainant. I suggest your ex hire an experienced criminal attorney to aggressively fight these charges.

A person can be arrested to be held to respond to charges. The Police can make an arrest based upon probable cause as to a criminal act supported by statements made by the victim and witnesses to the alleged crime. Your Ex-Husband should have a good defense as there were witness(es) to the fact that he was not with the victim at the alleged time and place. The best way to prove his innocence is to hire an experienced criminal defense attorney to defend him against this charge, preserve the statements of the witnesses, prove to the District Attorney that he could not have hit her as alleged, and if necessary prepare this matter for trial. If successful, then he could consider taking legal action against the accuser.

It is unusual for the police to arrest someone on just the actuation of one person. In most cases they require additional evidence to make an arrest. The type of evidence in a domestic violence case would be injuries to the alleged victim, witnesses, items left at the alleged crime location. If the police feel that they have evidence that shows that more likely than not a crime has been commented and that a suspect is more likely than not involved in the commission of the crime; then they may make an arrest. There is no requirement to question a suspect when taken into custody. It is unusual not to question the suspect when he is arrested but it is not required. It is against the law to make a false police report. It will depend on the facts of the case to determine if criminal charges would be filed. Your ex can always bring suit in a civil court.

Police can arrest if they have probable cause to believe that a person has committed, is committing or about to commit a crime. An arrest certainly could made by the police officer's personal observations. But an arrest may also be made if it leads the officer to believe the above through other means. This could be through victim and/or witness statements, circumstantial evidence, or the culmination of the police officer's investigation. It sounds like he has an alibi. And yes, a person can be arrested for falsifying an instrument when he or she intentionally does so.

Unfortunately, people are arrested everyday based on other people's baseless allegations. Just because your ex-husband is innocent doesn't mean he shouldn't get a lawyer. It is a strategic decision whether to present his alibi witnesses to the prosecutor and hope that person drops the charges or wait until the trial to present his evidence. Fortunately, in this country we all have a right to a lawyer and a trial to present our cases. As for his accuser, if a prosecutor is convinced that she is a big liar, he might bring charges. That is rare. It is possible to bring a civil suit for defamation or malicious prosecution. These are other things to discuss with a lawyer.

Many offenses that customarily take place between two parties, without third-party witnesses, are based upon the claim of one of those parties. Domestic assault cases are one of those offenses. In addition, our society is strongly weighted to the protection of women and children. Many state statutes actually require the police to act upon the "claim" of a domestic partner regardless of whether there is corroborating evidence. If your ex has alibi evidence he should by all means use that evidence in his defense. If it becomes apparent that the complainant's claims were false, the complainant can and should be prosecuted for making a false report of a crime. Remember, the fact that your ex is "charged" with a crime does not mean that he is guilty of the crime. He is presumed innocent until the state proves guilt "beyond a reasonable doubt". He has no obligation to prove his innocence.

The police can arrest anyone without questioning them. No rights have to be read for the police to arrest. In this case the police were probably executing a warrant already signed by the complainant, the woman he cut ties with. tThe police did not sign or secure the warrant on their own behalf If an individual makes a police report of someone committing a criminal act, such as harassment, etc., (which is probably what this warrant involves) that individual, with the police report, can swear to the validity of the report to a magistrate and secure a warrant. Thereafter, the person against whom the warrant is signed will be taken into custody by the police, or advised to turn himself in to the jail. The charge would likely be a domestic violence charge and the consequences of a conviction are most serious. If the charge is harassment (domestic violence), it may be difficult to disprove, as an unsolicited telphone call may constitute a basis for a harassment complaint. To disprove the case it may involve alibi witnesses along with having to subpoena necessary records (phone records if applicable). This tends to make the defense somewhat expensive. In the event it can be totally disproven, to the point that the Court is convinced that the person signing the warrant is lying, it is possible that the person signing the warrant can be charged with making a false complaint or that person may be held in contempt of court. This does not happen much. Unfortunately, many courts seem to favor the complainant and these types of cases have to be disproven by the Defendant in lieu of proven by the prosecution.

Yes, you can be arrested on the word of a witness even if the facts are different from what is filed. The witness may be subject to prosecution for the false statement.

It does not sound like good police practice but it is legal to arrest someone if law enforcement believes they have committed a crime.

In many cases, the police arrest, then investigate. Is this a good procedure to follow, I would say it is not, however, it is legal. Hire a good defense lawyer, have witnesses available for trial, and he should be aquitted.

A person can be arrested without being questioned. Often times, a person will invoke his right to remain silent and is arrested and put in jail without any statement being made in his defense. Once someone is arrested, within a short amount of time they must be arraigned on the charges holding them in jail, and be given an opportunity to plead guilty or not guilty. If the plead not guilty, then they can hire an attorney, or have one appointed to assist them in their defense. They can also represent themselves. A trial date will be set, and witnesses can be compelled to testify to get the true story out. This trial can be in front of a judge and/or jury. If it can be proved that a person has filed a false police report, then that person can be charged with the crime of filing a false police report. If a person lies under oath in a trial, they can be charged with perjury. It is not uncommon for a person to lie to get another in trouble. That is why we have the criminal justice system, to reveal the truth. Good luck.

Since there is no requirement that the police believe an accused's story, people are often arrested without the police doing any additional pre-arrest investigation. One hopes that the police and prosecutors will do their due diligence once time allows though. Otherwise, they run the risk of being accused of anything from civil rights violations to the alleged victim being charged with "False Reports," Malicious Prosecution," etc.

Yes, one can still be arrested in these United States on some accuser's word alone, but that in no way implies that such an accuser's mere word will be enough to convict the defendant beyond reasonable doubt, and, furthermore, if the report later proves clearly false, the accuser may be criminally prosecuted for filing a false police report.

Unfortunately people can make allegations that are untrue and in many situations police will arrest or charge a person based solely on that allegation. People are often arrested without being questioned as well. However if arrested, you should never give a statement to the police, whether innocent or not. The best way to prove the allegations are false is to bring the witnesses to court to testify that they were present with him when the incident supposedly occurred, or submit sworn affidavits to that affect. If it can be shown that the report filed is false, the person can certainly be charged with filing a false police report.

The cops have to give Miranda rights before questioning, but there is no requirement to question before arrest. However, a good cop will investigate before arresting and not go on the word of one person. You need to consult with a lawyer to start your own investigation immediately. If your lawyer can show the DA that the case has no merit, it can be dismissed. As to the false police report, that's up to the police. However, your husband can sue the complainant when the criminal case is done.

The police can arrest if they have probable cause to believe the person committed a crime. That can be based on the statement of a single witness. They do not have to get your side of it first although usually they try if for no other reason to get the person to confess. Your husband needs an experience criminal law specialist to analyze all the prosecution evidence and then to prove that it is not the truth.

Unfortunately, meritless reports get filed all the time and innocent people are arrested every day! He's going to have to hire a lawyer and defend himself. He may have A civil tort claim for malicious prosecution against her afterwards. But, it won't be worth pursuing unless she has assets.

In New York you can be arrested just on the word of one person with nothing to back it up. Although the law says that the prosecution has the burden to prove you are guilty, in reality, you have to prove you are not guilty. I suggest he gather up all his witnesses and make an appointment with his lawyer. Many people make the mistake of not hiring a lawyer and going directly to the prosecutor with the witnesses. From my experience, his witnesses will be intimidated and threatened to try to keep them from testifying.

The police cannot arrest you unless they have probable cause to do so. The ex girlfriend must have somehow been very convincing when talking to the police. Now your husband has a right to a defense which could include evidence that he was at home all day.

Everything that you have described sounds like a normal police response to an alleged assault. While it sounds as if he may have a strong alibi defense if he were to be arraigned on charges arising from these allegations, all the police needed to arrest him was probable cause. An alleged victim's word as unreliable as it may prove to be later is usually enough to meet this standard in and of itself. It could be worse if they had been living together at the time, her allegations alone could have supported a 10-day emergency restraining order which could have kept him from entering their shared property and out of contact with any children they had together. If he is cleared of these allegations, he may possibly have grounds for a civil claim against her for malicious prosecution. As you mentioned, filing a false police report is also a crime with its own potentially serious consequences.

First of all, I do not know if what you are saying is true. I also do not know if the woman is falsely accusing him. The police do not know if she is falsely accusing him either. That is why you need a good criminal lawyer when you are arrested and accused of a crime. His attorney will investigate the accusation and interview the alibi witnesses. He will look at any medical or hospital records, photographs, or other evidence. If he is innocent he should demand a jury trial and put the prosecutor to his proof. If he has a bad criminal record the jury will take that into consideration. If the woman has a criminal record they will also consider that in determining her credibility. Unless she admits that she lied and set him up you will not be able to sue her or the police for false arrest. Men beat and abuse women and women falsely accuse men to get even for a perceived wrong. That's what the jury system is designed to, find out who is telling the truth. If he only hit her and there was no injury it is only a violation or misdemeanor and he can only do a year in jail on a misdemeanor. He might get probation unless he has a bad record. The police do not need any more than the accusation of a person to make an arrest, but the prosecutor must prove the person guilty beyond a reasonable doubt with a unanimous verdict of 12 people in order to get a conviction.

First of all, the woman's statements is "proof" in and of itself. In DV prosecutions the woman is often perceived as the victim, and her word counts. No questioning is necessary, and in fact your ex husband was lucky that he wasn't questioned, because police are skilled in putting words in his mouth and making him incriminate himself more. The only way to deal with this situation is to hire an experienced crimnal defense attorney before things get worse. Don't think he can just explain himself out of it. That's is fantasy. Expereinced lawyers know that prosecutors don't like taking DV cases to trial, because DV often involves a lot of hearsay he said she said and is hard to prove beyond a reasonable doubt to 12 jurors. Unfortunately, without a good lawyer, no prosecutor in this county will listen to you.

No matter why the police arrest and charge someone, your best defense is to hire an attorney quickly and to prepare your defense and not wait for the government to tell you what's going on.

The accused's side of the story need not be obtained by police before an arrest. There is probably cause to arrest if the complainant says it happened. The police are not supposed to be determining truth - that is for a jury.

Yes, people can accuse you, and you get arrested, because their testimony is all the proof the police need to arrest you. If he has alibi witnesses, great. Now, he needs to retain an attorney who knows when to introduce those alibi witnesses.

There is no requirement that a person who is arrested has to be questioned. As a criminal defense attorney, I prefer that the police do not question my client and I insist that my client not answer any questions if they are. A person can be arrested on probable cause of the occurrence of a criminal offense and the complaint of a single inidiviidual is sufficient to prompt arrest. It will not always be sufficient to sustain guilt at trial. Do not confuse the two. You can not sue a person for filing a false police report per se as it is a criminal offense and must be dealt with by the prosecution. One can sue in civil court if reputation has been damaged by publication of such false arrest.

Sadly, that is a pretty accurate summation of our legal system. I would encourage your husband to get an attorney and fight back with everything he can. That is the only way to deal with charges like this.

Yes, they can arrest you without asking you anything if they believe they have probable cause. The officer can arrest someone if he has recieved information that supports probable cause for the arrest. The officer can arrest someone if there is a warrant, or he witnesses the defendant commit a crime, or has sufficient evidence to support a 72 hour hold until a charging document can be filed or warrant issued by the court. The police arrest defendants, lawyers argue about whether they were justified to make the arrest later. it sounds like you have an alibi defense, speak to a lawyer immediately and post his bond when set.

Regrettably, people can and do make false accusations. If believed, the cops can arrest on that alone. They do not have to ask the arrestee any questions before doing so nor, so long as they do not interrogate him/her in a custodial situation , are they required to "read him his rights". The DA has the burden of proof. But in situations as this, a wise person would subpoena the witnesses to court to prove his alibi. A few sworn satements might help. The accuser could be prosecuted criminlyy f0or a false report and might be civily liable as well.

People can just accuse you with no proof but their word, the police do not have to ask you questions, and you can definitely be arrested for a crime you didn't commit. Your only defense is to hire a very good lawyer and then poke holes in the other side's case or present your own evidence.

There is a very low standard of proof required to make an arrest. The officer just needs to show that there was Probable Cause that an offense happened. But with the evidence that you stated, then your ex can prove that she is incorrect. If he can prove she outright lied then she can be charged with filing a false police report and he may have grounds to sue her.

Yes, people are often arrested on not much more than the word of another person. He may have a civil suit against her if he is found not guilty and wishes to sue her if she lied to get the charges filed. However, at this point he should focus on lining up his witnesses, preparing to defend himself and hiring the best lawyer he can afford.

The police are not required to question him although that is poor investigation. Why doesn't he have an attorney to help him establish his alibi?