Misdemeanors - A misdemeanor is a crime punishable by less than one year. Arrests can only be made for crimes that occur in the presence of the person making the arrest, or with a warrant.
As your San Diego Misdemeanor Defense Attorney, at Samuel Spital & Associates, we are experienced in misdemeanor defense; we want to be your Drug Defense Lawyer, Disorderly Conduct Defense Attorney, Trespassing Defense Lawyer, Theft Attorney, Resisting Arrest Defense Lawyer and Weapon Crimes Defense Attorney, including the following:
- Disorderly Conduct
- DUI / DWI
- Drug Charges
- Perjury
- Probation Violations
- Property Damage
- Reckless Conduct
- Resisting Arrest
- Theft
- Trespassing
- Violation of Orders of Protection
- Violation of Restraining Orders
- Weapons Charges
Knowing When An Arrest Is Legal
The following is a brief summary of the legal principles in general when the police are permitted to make an arrest -- and what constitutes an "arrest."
An arrest occurs when a law enforcement officer takes a suspect into custody. An arrest is complete the moment the suspect is no longer free to walk away from the arresting police or sheriff. The police can only make an arrest, pursuant to the 4th Amendment of the U.S. Constitution if the they have "probable cause" to believe a crime was committed and that the suspect did it.
The underlying basis for this consitutional amendment is that the people of the United States are entitled to "life, liberty and the pursuit of happiness." The probable cause requirement limits the power from depriving people of their "liberty" (or freedom). The following are further illustrations of this legal principle:
- The police or sheriff must be able to point to "objective and factual" circumstances that lead them to believe a suspect committed a crime for probable cause to exist. It is totally insufficient to establish probable cause by saying something like, "I had a hunch the defendant was a thief."
- Regardless how a law enforcement officer or prosecutor characterizes the evidence, it is the Superior Court Judge who determines whether probable cause exists. A police or sheriff may be sincere in his/her belief that enough facts exist to constitute probable cause exists. However, if a judge examines the same information and disagrees, then probable cause did not exist.
- The problem with an arrest is that once completed and the defendant is booked, there is an arrest record that essentially exists forever. In other words, if probable cause to arrest existed at the time of the arrest, the arrest is deemed valid notwithstanding what may later occur and even if the defendant is found innocent. Probable cause becomes a "shield" to protect law enforcement from a civil suit for false arrest if the charges are later dismissed or if after a trial the defendant is acquitted.
The bottom line, however, is whether law enforcement have "sufficient information" to establish probable cause. The police must decide whether to make an arrest without an arrest warrant ("warrantless arrest") or seek to convince a judge to issue an arrest warrant. As noted earlier, probable cause requires more than a "mere suspicion" a suspect committed a crime. This standard of proof is much less than what is required to prevail in a trial (namely, sufficient evidence or information to prove the defendant is guilty "beyond a reasonable doubt"). The Fourth Amendment does not define probable cause, so attorneys and judges look to case law and precedent to define or interpret the meaning of probable cause, taking into account some of the following:
- what the judge thinks was intended by the Fourth Amendment by the term probable cause,
- previous judges' interpretations in similar fact situations, and
- the judge's views about police vs. defendants' rights.
Judges help to define the meaning of probable cause each time they issue a warrant or decide a case in which the issue arises.
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If you are investigated, arrested or charged with a misdemeanor, contact us as your San Diego Misdemeanor Defense Lawyer at 1-888-600-8088 or send an e-mail now so that we can help.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, Ca. 92108-1642
Telephone: 619-583-0350
Toll Free: 1-888-600-8088
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