Glen Burnie & Anne Arundel County Criminal Law Attorney—Dealing with Detainment

Detainment can sometimes lead to questioning or arrest. Contacting me, a criminal defense attorney in Anne Arundel County at the Law Office of Robert A. Siegel, P.A. can help you protect your rights.

How detainment differs from arrest

I first want to explain the difference between detainment and arrest. Police officers may detain you based on a reasonable suspicion of:

Intent to commit a crime
Committing a crime
Past involvement in a crime
Your knowledge of others’ criminal involvement

The purpose of the detainment is to investigate and decide whether there is probable cause for an arrest. While detained, you may not leave. However, officers may only hold you in custody for a limited amount of time.

At what point does detainment end and arrest begin?

An officer may never say that you are under arrest. Although you should be informed of your Miranda rights when arrested, this may or may not occur. You can generally assume that you crossed the line between detainment and arrest when you are held for an extended period of time, are locked into the back of a police car, or are handcuffed.

What to do or not do when detained

Because you do not want to do anything that influences an officer to turn detainment into arrest, you should remember the following.

DO: Treat police officers respectfully
DO: Withhold your anger or frustration
DO: Keep your hands in plain view
DO: Inform the officer of any guns or weapons in your possession
DO NOT: Get out of the car unless the officer requests it
DO NOT: Resist arrest
DO: Inform the authorities that you wish to remain silent, and ask for a lawyer if you are being questioned

Information you provide can be held against you

I tell clients how important it is to remain silent. Many people make the mistake of believing their innocence protects them or that being questioned means they must answer. Your constitutional Fifth Amendment right protects you against self-incrimination, but you must inform the authorities of your wish to remain silent and speak with a lawyer—even if they continue questioning you.

Get legal help from Glen Burnie & Anne Arundel County criminal law attorneys