Getting arrested is not something anyone wants to happen. Being detained and thrown in a holding cell can be scary and overwhelming, not to mention the fear that comes with the potential of having a criminal conviction under your belt. In New Jersey, like most states, individuals can be arrested without a warrant, but certain circumstances must apply. If you believe you were wrongfully arrested it is important that you obtain skilled legal representation. Reach out to a Bergen County criminal defense attorney at the Law Office of Kevin T. Conway to set up a consultation and discuss your situation today.
Probable cause is a legal standard for law enforcement officers and authorities. Through this standard, they must have objective facts causing them to believe or justifying a belief that a crime has been committed or will be committed. For something to be considered probable cause it must be demonstrated that a reasonable person would believe that a crime has been, will be, or is in the process of being committed.
For example, suppose a police officer pulls over a driver for speeding. During the traffic stop they smell alcohol on the breath of the driver, notice the individual is slurring their speech, and spot a crushed can of beer in the car. The officer administers field sobriety tests to determine whether or not the driver is intoxicated. During the tests, the individual shows a lack of coordination and stability.
The combination of the smell, beer can, and physical signs of intoxication gives the officer probable cause to make an arrest. Using these facts and evidence collected through their observation, the officer can justify a reasonable belief that the driver committed a crime by getting behind the wheel while under the influence of alcohol.
A police officer can arrest an alleged criminal or material witness without a warrant only under certain circumstances.
The officer can make an arrest without first obtaining a warrant if they witness the crime take place or have probable cause to believe that the crime just occurred and that the individual they are arresting committed the offense.
A material witness can be arrested without a warrant if there is probable cause to believe the following.
Once a warrantless arrest has been made, the suspect must be taken to a judge without undue delay and explain the situation as well as why they made the arrest. The judge will then decide whether or not to issue a warrant authorizing the arrest.
If you wish to fight a warrantless arrest, reach out to a skilled criminal defense attorney today.
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