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Arresting is the physical act of taking someone into custody. It is normally performed by police officers. Charging is the act of proceeding in court with a prosecution against someone for committing a crime. It is normally performed by prosecutors. A person who has not been charged can be arrested. The police then bring information to the prosecutors, who then decide whether to charge. If the prosecutor declines to charge, the police normally must let the person go. A person who has not been arrested can be charged. The prosecutors can write up and present the charges, and have a judge issue a warrant for the arrest of the suspect. Sometimes years can go by before the charged person is located and arrested. Normally, the police can arrest someone if there is a judge-issued arrest warrant against the person, or if the police have probable cause to believe the person has committed a crime. In some states the police cannot arrest for certain misdemeanors without a warrant, or without personally witnessing the crime. Normally, the prosecutor must have probable cause to believe the person committed a crime in order to charge them. In some jurisdictions, the prosecutor's decision must be confirmed by a grand jury or the charge is dismissed. Elsewhere, the defendant may have the right to have a judge decide on whether there is probable cause.

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15y ago
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14y ago

An arrest is the actual act of being taken into custody by a law enforcement officer. A "booking" is where the arrestee's personal information and the offense information (including the name of the arresting officer), are recorded in the official agency "arrest log."

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11y ago

If you are/were arrested, then you don't actually go to jail yet

if you were/are booked into jail, you will serve your sentence in prison and it will appear on your criminal record

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Q: What is the difference between being arrested and being charged?
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What is the difference between being arrested and being convicted?

Being arrested is when a police officer handcuffs you and takes you to the police station. A conviction happens in court.


Is there a time limit between being arrested and being charged?

In most places being arrested indicates that they are going to charge you as soon as they can get you in front of the judge. Most jurisdictions give the prosecutor up to 48 hours to bring the charges.


What is the statute of limitations in Az to be arrested for a crime committed?

It will depend on the crime being charged. In Arizona, felonies have a limit of seven years, though some crimes have no limit. And being arrested is different then being charged.


Could you be arrested for being in the vehicle with a fugitive?

If it can be determined that you supplied support to the fugitive then you can be arrested and charged with aiding and abetting.


What is the difference between a confession and a guilty plea?

confession happens voluntarily, guillty plea after being charged.


Can you get arrested for being with someone who stole something but you had nothing to do with it?

Yes. you can be charged as an accessory and you can also be charged with conspiracy, which conspiracy carries more time.


What supreme court case protects a person being arrested?

Numerous Supreme Court cases address the rights of people arrested and charged with crimes.


What is the difference between a human being and a person?

difference between human being & human person?


What is the different between arrest and detention?

Arrest is a formal process that requires the advisement of your rights. You are in the custody of the police when you are arrested. Detainment means they have stopped you to ask you some questions. You have the right to leave.


Can persons B C and D be arrested or charged for being present in a public place with person A who is being arrested for buying drugs if person A leaves to buy the drugs and returns?

Yes, this is possible. It is called "guilt by association".


Do you have to be convicted of a crime to be a criminal by law?

Yes, simply being arrested and/or charged does not make you a criminal UNLESS you are convicted of a crime in court.


What is the difference between being charged and being indicted?

The police CHARGE you with a crime when they arrest you. The information on you and the offense gets sent to the Grand Jury which, if they believe the information presented to them, INDICTS you.