When someone is accused of a crime, they may be taken into custody by the police. There are three main types of custody: arrest, detention, and custody.
But what's the difference between these three terms?
When the police take someone into custody, they are arresting them. The police must have probable cause to arrest someone. This means that they must have a reasonable belief that the person has committed a crime. The police can arrest someone without a warrant if they have probable cause.
Detention is the holding of a person in custody for questioning. The police can detain someone for a short period of time if they have a reasonable belief that the person has information about a crime. The police can also detain someone if they are going to arrest them.
Custody
Custody is the holding of a person in jail or prison. A person can be held in custody if they are waiting for their trial or if they have been convicted of a crime.
Now that we've defined the terms, let's take a look at the different ways they can happen.
An arrest can be made by a police officer or other law enforcement agent if they have probable cause to believe that a person has committed a crime. Probable cause is a reasonable belief, based on facts and circumstances, that a person has committed a crime.
Detention, on the other hand, can be made by a police officer if they have reasonable suspicion to believe that a person has committed a crime. Reasonable suspicion is a less than probable cause, but more than a hunch, that a person has committed a crime.
Finally, custody can be ordered by a judge. This usually happens after a person has been arrested and charged with a crime, but it can also happen if a person is detained and the police are requesting a custody order from a judge.
Now that you know the difference between arrest, detention, and custody, you can better understand your rights if you are ever in one of these situations. If you are ever arrested, detained, or taken into custody, it's important to know your rights and to contact an experienced criminal defense attorney who can help you navigate the criminal justice system.
