Is it a legal arrest if I asked what the charges against me were but the police refused to answer?
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Is it a legal arrest if I asked what the charges against me were but the police refused to answer?
Asked on January 15, 2015 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes this is legal. The way things work in this regard are as follows:
A person can be charged with a crime before they are arrested. If this happens, a court will issue a warrant for the person's arrest. When they are then arrested, the police must give them a copy of the warrant that states the charge(s) against them. However, while the police do not need to have a copy of the warrant with them at the time, they should provide a copy to the arrested person within a reasonable amount of time after they are taken into custody.
After being taken into custody and booked, the person has the right to speak with an attorney at which point they can be told of the chargs against them.
At the court hearing the judge will read the charges against the person, who is called the "defendant". If a person was arrested without an arrest warrant and has not consulted with an attoreny, this may be the first time that they are told the charges against them.
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