Detention vs Arrest: What is the Difference?

When the police come knocking, it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather in taking an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference between detention and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.

Having the support of an experienced and skilled criminal defense attorney providing you with legal counsel when you are being questioned by the police^[1] is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities.

When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have about a crime should not be done without the support of your attorney.

How are Detention and Arrest Different?

Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained^[2] because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.

The officer can hold you for some time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detention may not take too long. However, when detainment is in response to a major criminal event, detention can be prolonged.

Regardless of the crime you are suspected of being associated with, if law enforcement lacks sufficient information to link you to it, you will likely not be arrested and instead released. However, if further investigation uncovers evidence that establishes probable cause, you may be arrested at a later time. If you are arrested outright, both an investigation and questioning will typically follow.

In both detention and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.

In California, detention and arrest are two distinct legal concepts, each with specific implications for the individuals involved and the rights they have in each situation. Here’s a breakdown:

What is Detention in California?

• Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you’re under arrest.
• Legal Standard: Requires reasonable suspicion, which means the officer has specific, articulable facts suggesting you may be involved in criminal activity.
• Duration: Generally brief; usually limited to the time needed to confirm or dispel the officer’s suspicions. This is often referred to as a Terry Stop^[3] (from Terry v. Ohio).
• Examples:
  • A traffic stop.
  • Being stopped on the street for matching the description of a suspect.
• Your Rights:
  • You are not free to leave but are not under arrest.
  • Officers can ask questions, but you are not obligated to answer beyond providing basic identifying information (e.g., name).
  • If an officer begins a pat-down search (frisk), it must be based on a reasonable belief that you might be armed and dangerous.

What is Arrest in California?

• Definition: A formal action where law enforcement takes you into custody because they believe you have committed a crime.
• Legal Standard: Requires probable cause, which means the officer has enough evidence to reasonably believe you committed a specific crime.
• Duration: Typically leads to being taken to jail or another detention facility, where you may be booked and held until released on bail, your own recognizance, or after seeing a judge.
• Examples:
  • Being handcuffed and taken to jail after an officer finds drugs during a search.
  • Being arrested on a warrant for failing to appear in court.
• Your Rights:
  • You must be informed of your Miranda rights before any custodial interrogation begins (e.g., “You have the right to remain silent…”).
  • You have the right to an attorney.
  • You may be searched incident to the arrest (e.g., for weapons or evidence).

Key Differences

Aspect	Detention	Arrest
Legal Standard	Reasonable suspicion	Probable cause
Duration	Brief (minutes)	Extended (hours or more)
Freedom to Leave	No, but not taken into custody	No, taken into custody
Rights Involved	Limited (e.g., no Miranda required)	Full rights, including Miranda

Can You Be Detained Without Being Told Why?

An arrest can happen without detainment, meaning if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant^[4] against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights^[5] detail your right to remain silent. While you won’t be reading your Miranda Rights during a detainment, you still have the right to remain silent, and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.

Contact an Experienced Criminal Defense Attorney

Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. The Los Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Contact our lawyers at Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.

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