It’s true that police officers are mandated and permitted to make arrests when proper evidence is submitted, in many situations concrete evidence is not as necessary for an arrest to be made, as probable cause is required. It’s important to understand the difference.
Probable Cause
Reasonable or probable cause for an arrest exists for an officer when the facts are sufficient to cause a person of average intelligence to believe that the soon-to-be defendant committed the alleged crime.
What Happens Next
The officer can make an arrest, especially if the misdemeanor or felony is committed in the police officer’s presence.
If the offense is minor, as in a local ordinance, the police officer can issue an appearance ticket, which provides instructions as to how and where to address the criminal allegation. If a ticket is issued, the individual is not arrested unless he or she fails to appear in court at the mandated time.
In some more lengthy cases, there may be a delay based upon the need to interview other witnesses or search for new evidence or probable cause. This could include gathering and testing forensic evidence. Additionally, records may need to be obtained. Upon conclusion of the investigation, a police officer or detective speaks with a prosecutor, attorney general, or necessary officials and submits the information they have concerning the allegation. The police officer or detective is often times directed by the prosecutor, attorney general, or city attorney to make a further investigation in order to make a proper probable cause determination. Arrest may take place after these steps are taken.
Serving the Puget Sound Area Since 1996
Our goal is to keep your future free of all the negative consequences of a criminal conviction, including jail time, fines, loss of driver’s license, and loss of your right to vote. We will educate you about the charges you face and why you are facing them. We will explain all of your options so you understand the choices that you have as we move forward on our path to seeking justice for you.
Every case has its own unique problems, consequences, and opportunities. No two cases are alike. We encourage you to call and speak personally to a lawyer about the details of your unique circumstances. Call us at 206-621-0500 or contact us for a free consultation with an experienced criminal law attorney today.