If you have been arrested by police, please contact Kitay Law Firm for assistance. The police may file criminal charges against you in the near future. Having an experienced criminal defense attorney by your side from the start can increase your chances of successfully deflecting any allegation.
How long can you be detained after arrest?
In Arizona, as in many other states, there is a 48-hour period after an arrest before formal charges can be filed.
How to know if you are in detention
When questioned by the police, it can be difficult to tell immediately whether you are in detention or not. If you ask if you can go or not and you are told no, you will be detained. If they say yes and do not leave the crime scene or ask questions, the stop is considered voluntary.
First of all, you should know that even if you don’t get arrested, you still have your Miranda rights. These rights will not always be read to you without a formal charge or during an investigation, but that doesn’t mean they don’t apply. This is particularly important because if you are later arrested, anything you said during the arrest could be used against you. The “right to remain silent does not mean that it is in your best interest not to say anything at all.” Rather, it means that it’s best not to say anything other than “I have the right to remain silent” or “I will not answer any questions without my attorney present.”
Introduction
If the police seize property as evidence, they may hold the property without charge until the applicable statute of limitations expires. In Arizona, the general statute of limitations is 7 years for felonies, 1 year for misdemeanors, and 6 months for misdemeanors, although there are some exceptions (e.g., there is no statute of limitations on murder or sexual assault charges). As long as the item in question is not contraband, you must return it after the limitation period has expired.
You can apply to get your property back before the statute of limitations has expired, but it can be difficult if the police don’t cooperate. It is best to hire an attorney who can work with the court to ensure the release of your property.
Stopped in the street
When a police officer tries to stop you in the street and questions you for any reason without arresting you or with no intention of arresting you for a probable cause , you have done so the right not to answer any of her questions and quietly walk away. If you don’t feel comfortable doing this, you can always ask the police officer if you can leave. Never run from a police officer, but if you are told you cannot leave, you should ask why you are being held. If a police officer has reasonable grounds to suspect that you have committed a crime or been involved in criminal activity, they may search you for dangerous weapons. However, they are not permitted to search further than this, and if you find a search too intrusive, you can clearly state that you do not consent to a search. It’s important to note that you should never attempt to physically oppose a police officer, even if they proceed.
During these 48 hours (or less) the police may question you about the circumstances of your arrest. Questions may be asked by any type of federal or state law enforcement officer. However, you have the legal right under the United States Constitution not to answer any questions. You have absolutely the right to remain silent. Make sure you simply state that you are invoking your right to remain silent and then, if you wish, ask to contact an attorney to represent you during the interview. You cannot be penalized for refusing to answer a question. The only questions you need to answer are your name (for identification purposes) and in some cases your driver’s license or other ID as proof of identity.