The Initial Stages of a Criminal Case: Investigation and Arrest
The Initial Investigation
Many criminal cases begin with an investigation. Law enforcement may investigate a reported crime or suspected criminal activity. This process can involve interviewing witnesses, gathering evidence (physical, digital, etc.), conducting searches, and questioning suspects. If you're considered a suspect or even a "person of interest," it's absolutely vital to be aware of your rights. Remember, the term "person of interest" has no formal legal standing; you still retain all your rights.
Arrest and Probable Cause
An attorney can ensure your rights are protected and challenge any potential violations of those rights. They can also advise you on how to interact with law enforcement. An arrest occurs when law enforcement has probable cause to believe you have committed a crime. This can happen immediately after a crime is committed or following a more extensive investigation. Probable cause is a lower standard than "beyond a reasonable doubt."
Your Rights Under the Fourth Amendment
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. This means law enforcement generally needs a warrant, based on probable cause, to search your person, home, or belongings. You have the right to refuse a search if they do not have a warrant. It is highly recommended that you seek legal representation during any interaction with law enforcement, particularly if you believe you are the target of an investigation. An attorney can protect your rights.
Arrest vs. Formal Charges
It's important to understand the crucial difference between an arrest and formal charges. The police make arrests, but the prosecutor's office (District Attorney, State's Attorney, etc.) decides whether to file formal criminal charges. They must establish probable cause, which, again, is a lower standard than the "beyond a reasonable doubt" standard required for a conviction at trial. Being arrested does not automatically mean you will be charged with a crime.