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Can Police Detain Me and Then not Arrest Me for Weeks Later?
Jeralyn Merritt

Q. 

I was detained but never "arrested". I was told by the officer they may put a warrant out for my arrest. This happened over 1 week ago. Is this possible?



-- Anonymous

A. 

The short answer is "Yes." Some crimes require investigation and while the police may have had reason to detain you, they made not have had enough evidence at that time to arrest you. Their statement to you that an arrest warrant may issue in the future indicates they are continuing to investigate what they believe to be a possible crime.

If, after the investigation is complete, the police believe a crime was committed and they have probable cause to believe you committed it, they will seek to have an arrest warrant issued and charges filed against you. The length of time they have to file charges is determined by the statute of limitations in your state for the type of crime under investigation. This varies from state to state, but usually is a year or more.

The important thing to remember is that you do not have to answer any questions about the suspected offense. If you answered questions during your detention and are later charged with a crime, your attorney can ask a judge to suppress your statements. Depending on the circumstances of the detention, the judge may or may not grant the request.

If they call in the future to ask you questions, even if you already answered questions during your detention, your best bet is refuse to provide additional information without an attorney present. You should then retain an experienced criminal defense attorney in your area and have the attorney speak to the police. After your lawyer has spoken with the police, he or she will be in the best position to advise you as to whether it is in your best interest to speak with them further. If they call or ask to see you before you have retained a lawyer, whether on the the telephone phone and in person, you should politely decline and tell them your lawyer will contact them. You should then immediately retain counsel and familiarize him or her with the unique facts of your situation. Only then, will he or she be in a position of how to advise you to respond to additional requests for questioning.

Another benefit of retaining counsel before arrest is that in the event the police decide to obtain an arrest warrant for you, your lawyer may be able to arrange for you to surrender on a summons which means there won't be an arrest. This is far less stressful than suffering through an arrest at home or work and having to post bail.



-- Jeralyn Merritt






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