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Individual jurisdictions laws may vary but the primary thing needed for an arrest is a warrant signed by a judge who found sufficient cause for the arrest. Physical evidence may not be required if there is sufficient witness statements. Some standard exceptions to requiring a warrant are, a law enforcement officer witnesses a criminal act, the probability of destruction of evidence, immanent harm to others or the target of the arrest. A warrant for an arrest and a warrantless arrest are based on probable cause, which is based on the opinion of the officers or magistrate. The probable cause must be adequate to sustain the scrutiny of a court.
Added: SHORT ANSWER - the only thing necessary is PROBABLE CAUSE on the part of the officer that you committed an offense.
What else can I help you with?
Can you apply for a corrections officer job if you have a DUI and a resisting arrest charge?
"resisting arrest charge" no and we dont need you. DUI/DWI
Can you enter US with a resisting arrest charge?
can you get into the us from canada with an old resist arrest on record
How long does a misdemeanor charge of resisting arrest stay on your record in Canada?
Forever. Never leaves you.
What is the arrest charge of no evidence of security?
what does no evidence of security mean? what does no evidence of security mean?
How do you get a public intoxacation and resisting arrest charge off of your record?
Criminal arrests and convictions are a permanent part of your criminal record. An arrest or conviction can be expunged or sealed under certain exceptional conditions. It is not often done. The process varies from one state to another, and involves making a petition to the court that presided over the original arrest and/or conviction. The court will usually consider the circumstances of the original arrest, and the conduct of the person arrested since then. Generally, a substantial amount of time has to have passed since the original arrest, and the arrestee must have been a model citizen since. Sealing or expungement of a conviction does not allow you to omit this information from many background investigation processes. A pardon of a previous conviction eliminates the consequences of the conviction, such as restoration of civil rights, but does not remove the conviction from your record.
Is this Resisting a peace officer So basically you got charged with resisting an officer not resisting arrest for being in a closet at a party Is it dumb that you are fighting this charge or not?
It's not dumb to fight this charge. If you keep fighting it, there is a good chance they will eventually dismiss it and then - no record. It's worth fighting.
What happens if you are battered and arrested by the police without commiting a crime?
They will probably charge you with resisting arrest or assaulting police to justify beating you.
How can a car accident turn into an resisting arrest charge?
The person getting cited for being at fault for the accident gets belligerent enough to the point where it warrants their arrest, and they resist the officer arresting them.
What is penal code 148(d)?
California penal code 148 is a charge of resisting arrest.
What if you leave while being detained by a police officer?
It is considered resisting arrest and you can be charged with that offense, in addition to whatever charge you were detained for in the first palce.
Does a dropped simple assault charge go on a person's record in the st?
Any charge that is dropped does remain on your record as an arrest, if indeed you were arrested for it. It just doesn't show as a conviction.
Obstruction of justice and resisting arrest without violence?
PROBABLY both are misdemeanors unless your actions (especially the obstructing charge) rose to the level of a felony offense.
