Walk It Through: The Arrest And The Question Why
The true ground of the arrest, resisting, and release on recognizance.
An officer says the person is under arrest and starts to handcuff them.
Two things a person in this spot might do. Picking one shows what the law says about it.
One arrest on a misdemeanor. Felony and capital charges, the questioning itself, searches at the arrest and failing to appear afterward are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Great bodily injuryBodily injury that creates a substantial risk of death, or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
- High-speed pursuitA pursuit the fleeing section defines, leading which, after failing to stop for a law enforcement vehicle's siren or lights, is a felony under that section.
- Law enforcement officerFor the resisting arrest article, any duly appointed or commissioned officer of the state, a county or a municipality.
- PreceptThe document an arrest is made under. An officer may not neglect, on request, to show it to the person arrested or someone acting for them.
- Resisting arrestKnowingly and wilfully opposing or resisting an officer serving process, or resisting an arrest by someone the person knows or reasonably should know is an officer.
- Citizen's arrestAn arrest by any person, on seeing a felony committed, on certain information that one has been committed, or on seeing a larceny committed, taking the person to a judge or magistrate.
- Domestic violenceCausing physical harm or injury to one's own household member, or offering or attempting to with apparent present ability under circumstances reasonably creating fear of imminent peril, graded in degrees.
- Search warrantA judicial officer's written order, issued on a sworn affidavit, identifying property and naming or describing the person or place to be searched, which must be executed and returned within ten days after it is dated.
- Appearance bondA bond in a set amount with sureties the court approves, one of the conditions a court may impose when it finds release on recognizance will not assure appearance or will create unreasonable danger.
- Own recognizanceRelease pending trial on the person's own promise, without surety, in an amount the court sets. A person charged with a noncapital offense is released this way unless the court finds a reason the section names not to.