Goolsby Law Firm, PLLC

You are browsing the archives of 2009 January.

When you are arrested, you have the right to remain silent.  Anything you say can be used against you in court.  Even if you choose to answer questions, you can stop answering them at any time and the police must stop asking them.
You have the right to speak to an attorney before questioning and to […]

Police may conduct a search of your person and immediate surroundings when they arrest you.  When you are placed in custody, police may search your clothing and your car, if you were in the vehicle when stopped.  They may seize evidence or contraband such as illegal drugs.  This search and seizure may lead to additional […]

When an officer takes you before a judicial official, the official will set bail or the conditions of your release before trial.  You have the right to have bail or conditions of release set.  The exception to this rule is when you are charged with an offense punishable by the death penalty.
The judicial official, usually […]

After your arrest, a police officer must inform you of the charge against you or the reason for your arrest.  Without unnecessary delay, he must take you before a judicial official, usually a magistrate, advise you of your right to communicate with a lawyer or friends, and give you a reasonable opportunity to do so.
The […]

A warrant for arrest is a legal document instructing law enforcement to take you into custody.  It is issued by a judicial official, usually a magistrate, when he determines that there is probable cause to believe that you committed a crime.  An officer can arrest you if he has a warrant for your arrest or […]

Basically, you can be arrested when there is “probable cause” to believe you have committed a crime.
Probable cause exists when the circumstances would lead a reasonable person to believe you “probably committed a crime.”
An officer who has probable cause to believe you have committed a crime in his presence can arrest you for that offense.  […]