From Lebedin Kofman LLP - Understanding the distinction between being detained and being arrested is essential for anyone facing interactions with law enforcement in New York. In the article Detained vs Arrested in New York, we explore the legal definitions, procedures, and implications of these two critical aspects of the criminal justice system. Detainment, governed by reasonable suspicion, allows officers to briefly hold an individual for investigation, while arrests, requiring probable cause, involve formal charges and a more significant restriction of freedom. Knowing your rights during these situations can make a significant difference in protecting your legal standing.
During detainments, individuals have specific rights, including the right to remain silent and limits on searches without reasonable suspicion. We discuss how pivotal court rulings, such as Terry v. Ohio, have shaped stop-and-frisk procedures and defined the scope of law enforcement's authority. In contrast, arrests involve Miranda rights, formal charges, and possible incarceration, requiring legal representation to address potential criminal charges and ensure compliance with Fourth Amendment protections against unreasonable search and seizure.
The podcast delves into the consequences of both detention and arrest, such as the impact on criminal records, potential civil rights violations, and the social and professional ramifications of these legal actions. With practical insights into the rights of the detained and arrested, we also address how timely legal assistance can challenge unlawful detentions, protect against false arrest claims, and safeguard individual freedoms. Consulting with an experienced Nassau County criminal defense attorney ensures that your case is handled with the necessary precision and care.
If you or a loved one is navigating the complexities of detention or arrest in New York, reaching out to the team at Lebedin Kofman LLP can provide critical support. Our Nassau County criminal defense lawyers are committed to defending your rights, negotiating with prosecutors, and ensuring law enforcement is held accountable. Contact us at (516) 212-4209 to schedule a free consultation and learn how we can assist with your case.
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