Facing criminal charges in Delaware?
A criminal arrest in Delaware occurs when law enforcement officials have probable cause to believe that an individual has committed a crime. Police may then detain the accused for questioning and will usually read them their Miranda rights at this time.
The police may also search the suspect or property belonging to the person, but only with a warrant or if exigent circumstances exist. If a warrant is not issued, police can still obtain evidence incident to a lawful arrest as long as they take certain steps while doing so (such as securing the scene).
Types of arrest in Delaware
In general, there are two types of arrests in Delaware: an arrest after filing charges and an arrest without filing charges. An arrested without filing charges occurs when someone is apprehended by police on suspicion of committing a crime but no criminal charges have been filed against them yet. This type of arrest is more common when the police are still investigating a crime or when the accused person is not considered to be a flight risk.
An arrest after filing charges, on the other hand, occurs when criminal charges have already been filed against the accused person and an arrest warrant has been issued.
Get help with your criminal charges
If you have been arrested in Delaware, it is important to understand your rights and what you should do next. Call a qualified Delaware criminal defense lawyer as soon as possible to discuss your case and start planning your defense. Contact us today to learn how I can help you.