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Types of Arrest
Arrests are carried out by police officers and other authorized officials in order to oblige the arrests to obey the law. There are different types of arrest that you should familiarize yourself with:
Police Arrest
The most common type of arrest, it is usually carried out by police officials to apprehend suspected criminal. While the ratification of the Fourth
Amendment in 1791 permits law officers to take individuals who have committed offenses into custody, the Fifth Amendment
protects the arrests from self-incrimination by requiring officers to narrate the Miranda rights prior to the arrest.
An arrest is deemed lawful if it contains the following elements: the officer's intent, the lawful authority of the official, the arrests detention, and
the perception of the individual that he has been arrested.
In this process, the arrests person shall be informed why he was arrested, before the official places handcuffs on the person's wrists.
He should then be patted down to check for weapons or contraband. Personal property will then be removed before he is escorted to the police patrol or
other type of vehicle available.
Citizen's Arrest
An act guaranteed by the Ninth Amendment, a citizen's arrest allows a plain resident to raid suspects of a crime in order
to defend himself or other individuals. Nowadays, conducting citizen's arrest is permitted in every state, except North Carolina.
House Arrest
An alternative to jail time, a house arrest can be catered to an individual before his sentencing or trial order. The arrests cannot leave his home,
except during circumstances associated with his employment. This kind of arrest usually requires the use of monitoring devices, to ensure that the arrests
is always within the premises.
In instances wherein arrests are unavoidable, it is best if you are informed of its different kinds, and what rights you are entitled to.
Criminal and Felony
The terms 'criminal' and 'felony' are oftentimes interchanged, but they are actually very distinct conditions. Criminal offense is actually a broader term,
with felonies, infractions and misdemeanors as its three types. Once you are levied with any of these violations, you
will be held punishable according to the statutes of the justice system.
1. Felony - Known as the gravest of criminal offenses, examples of felonies include rape, murder, kidnapping, even grand theft auto and armed robbery. The
punishment for committing any of these crimes can range from incarceration, life without parole, even the death sentence.
Once convicted of felony, you will lose several rights, such as the right to vote, and the right to carry ammunitions.
Apart from the felon, persons who have helped him can be charged by the justice system as well.
2. Misdemeanors - Touted as lesser crimes, incarceration for this type of offense is usually under a year. Other forms of punishment for misdemeanors can
include restitution, community service, or probation.
Misdemeanors differ from felony with regards to the crime's severity. However, misdemeanors such as driving under the influence can become a felony
especially if the accident results in injury or death.
3. Infraction - Considered the mildest of crimes, infractions, which are also known as violations, involve an individual act of deviation from local laws
and regulations. It usually does not come with jail as consequence. Instead, fines are usually levied, which can be paid on the spot or in court.
Beating the red light is considered a minor infraction, but if it results to injury or death, it can be elevated to the level of misdemeanor or felony.
You can hire an attorney in case you are filed an infraction case, but you cannot expect legal assistance from the government.
Since a brush with the law is almost always unavoidable, it is best if you are well-informed of criminal offenses and felonies - what they
entail, and what you can expect in case you commit the. After all, ignorance of the law will do you no good!
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