Difference between Arrest and Detention (arrest vs detention)

135 votes

In criminal law, people often make the mistake of thinking that being arrested is the same as being detained. While both involve interaction with police, an arrest means that you are charged with a crime while detention is merely a moment of questioning by police. Regardless of whether you are detained or arrested, it is in your best interests to consult with an experienced criminal defense lawyer.
 

What does it mean to be arrested?

Typically, “being arrested by police” involves being handcuffed, read your Miranda Rights, and being taken into police custody. Police may arrest you under two specific circumstances:
 

1. With probable cause: When there is sufficient reason, based on facts, to believe that a person has engaged in criminal activity, an officer has probable cause. A requirement of the Fourth Amendment, probable cause must be reached in most cases before police can make an arrest, perform a search, or obtain a warrant. If law enforcement observes a person committing a crime in their presence, they may make an arrest. For example, if police pull your vehicle over for a traffic stop and you are visibly drunk, they have the right to arrest you.

2. With a warrant: If police receive a warrant from a judge, they have the right to arrest you. However, to obtain a warrant, police must present a written affidavit to a judge explaining that there is enough evidence to indicate that you have committed a criminal offense. The police may make application for a warrant over the phone in some circumstances.

No matter if police arrest you with or without a warrant, you are in serious trouble and you need experienced legal help. A skilled defense attorney can swiftly protect your rights and help you build a solid defense that protects your rights, future, and freedom.
 

What is police detention?

If law enforcement has reasonable suspicion that you have engaged in criminal behavior or are about to commit a crime, they may “detain” you. A detainment is not like an arrest — you are not charged with a crime. If police observe you acting suspiciously, they may detain you and ask you questions. Since Wyoming is not a stop and identify state, you are not required to answer any questions. Politely ask if you are free to go. If police do not intend to arrest you, you may walk away. Police also have the right to pat down your outer clothing if they suspect you may have a weapon.
 

How can a lawyer help you?

As stated above, criminal offences may attract criminal charges, and the same warrant the assistance of a criminal lawyer. A criminal lawyer is an expert in dealing with such cases can guide you with the right procedure to start your prosecution and can help you through each step. He can also represent you when the case goes to court and can help you formulate a correct strategy to be followed to ensure the accused gets punished. Even in scenarios where a false case has been filed against you implying a criminal charge, he can help you with proving the same with the right strategy to be adopted.

LawRato LawRato

751 votes

Under the Code of Criminal Procedure, 1973 (CrPC) there is a difference between being arrested and being detained. The two concepts have different implications and legal consequences. Here's an explanation of the difference: Arrest: In India, an arrest occurs when a person is taken into custody by the police or other law enforcement authorities. It involves the deprivation of a person's liberty and the initiation of criminal proceedings against them. When a person is arrested, they are informed of the grounds for their arrest, and their fundamental rights, including the right to remain silent and the right to legal representation, come into play. An arrest is usually made when there is a reasonable belief that the person has committed a criminal offence, and it requires adherence to procedural safeguards and legal requirements. An example of arrest under CrPC is Section 41, 42, 43, 44, 151, 123(6), 432(3). Detention: Essentially, detention is what comes after arrest - when a person is put behind bars and his personal liberty is restricted. Detention could be in police custody or in judicial custody depending on Court orders. Alternatively, detention refers to the temporary holding of a person by the police or other authorities for a limited period. Detention typically occurs when there is a reasonable suspicion that a person may be involved in criminal activity, but it falls short of the level of evidence required for an arrest e.g., preventive detention. During detention, the person may be questioned, and their movement may be restricted, but they are not formally charged with a crime. Detention is subject to certain safeguards too as per Article 22 of the Constitution, including the right to be informed of the reasons for detention, the right to legal representation etc. An example of detention under CrPC is when under Section 171 if any complainant or witness (who appears to be acquainted with the facts and circumstances of the case) refuses to attend the Court at the time of hearing or to execute a bond as directed to so appear, the police officer may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. Very importantly, both arrest and detention must be carried out in accordance with the provisions of the CrPC and the constitutional rights of the individual. The duration of both arrest and detention is limited, and the authorities must comply with procedural safeguards to protect the rights of the person being detained or arrested.

LawRato LawRato

652 votes

Detention refers to the act of keeping someone in official custody, to question them in relation to a specific matter or crime. The arrest is when police take away a person who has been charged with a crime, to investigate, thus removing his/her freedom

Advocate Naman Gupta LawRato