Arrest Procedures

Explore essential insights into the legal processes surrounding arrests, including the rights of individuals, the steps taken by law enforcement, and the implications of various arrest procedures. This category features informative articles, expert video interviews with attorneys, and comprehensive guides designed to help you understand your legal standing during an arrest. Stay informed about your rights and the legal landscape with our in-depth resources tailored for individuals seeking clarity on arrest-related issues.

27 posts

Arrest Procedures

How to Challenge an Unlawful Warrantless Arrest in Miami-Dade County: What Florida Law Requires

June 27, 2026 • By Jack Gilbert

A warrantless arrest in Miami-Dade is lawful only if Florida law allows it—most commonly for a crime committed in an officer’s presence or when a statute authorizes an exception. In practice, many arrests hinge on probable cause, exigent circumstances, and strict procedural rules. This article explains Florida’s warrantless arrest requirements, how unlawful arrests are challenged […]

Arrest Procedures

How to Request a Probable Cause Hearing After a Warrantless Arrest in Phoenix, Arizona

June 18, 2026 • By Jack Gilbert

In Phoenix, Arizona, a person arrested without a warrant is generally entitled to a probable cause determination within 48 hours of arrest. This requirement comes from U.S. Supreme Court precedent and is applied through Arizona’s criminal court process in Maricopa County. This article explains how probable cause hearings work after a warrantless arrest, how to […]

Arrest Procedures Arrest Warrant

What is an arrest warrant?

March 26, 2026 • By Jack Gilbert

An arrest warrant is a court order—typically signed by a judge or magistrate—authorizing law enforcement to arrest a specific person based on probable cause. It’s issued after police or prosecutors submit sworn information linking the person to an alleged crime, and it can affect when and where an arrest may occur. This article explains how […]

Arrest Procedures Criminal Procedure

What is Miranda rights?

March 26, 2026 • By Jack Gilbert

Miranda rights are 5 constitutional protections police must read before questioning you in custody, including the right to remain silent and the right to an attorney. They come from the U.S. Supreme Court’s 1966 case Miranda v. Arizona and help prevent coerced or uninformed statements. This article explains what the warning includes, when it’s required, […]

Arrest Procedures Criminal Procedure

What is probable cause?

March 26, 2026 • By Jack Gilbert

Probable cause is the reasonable belief—based on specific facts and circumstances—that a crime was committed or evidence of a crime will be found. It’s the constitutional standard police generally must meet to make an arrest, conduct a search, or obtain a warrant under the Fourth Amendment. This article explains how probable cause is defined, how […]

Arrest Procedures Congressional Oversight of Immigration Detention

Key Details Criminal Defense Lawyers in Cocoa Beach Need to Know About Clients’ Cases

February 16, 2026 • By Guest Post

Criminal defense lawyers in Cocoa Beach need a case file that captures the exact charge(s), arrest timeline, key evidence, and upcoming court dates from day one. Those details shape bail arguments, preservation of evidence, and early motions that can determine leverage in negotiations. This article breaks down the client and police-report information to gather first, […]

Arrest Procedures Criminal Defense

Resisting Arrest Laws: Rights, Penalties & Defense

February 8, 2026 • By Jack Gilbert

Resisting arrest occurs when someone intentionally prevents a law enforcement officer from making a lawful arrest. Understanding the legal definition and key elements helps protect your rights during police encounters. Common DUI arrest myths often lead to unnecessary resistance charges.

Arrest Procedures Civil Rights

Miranda Rights Explained: What They Mean for You

February 16, 2025 • By Jack Gilbert

Miranda rights require police to advise you of 4 key warnings (silence, statements used against you, attorney, appointed attorney) before custodial interrogation. If officers fail to give them when required, your statements may be suppressed in court. This article explains when Miranda applies, what it covers, and what to do if questioned. The Miranda rights […]

Arrest Procedures Constitutional Law

Probable Cause: Standard for Arrests and Searches

December 25, 2024 • By Jack Gilbert

Probable cause requires specific facts that would lead a reasonable person to believe a crime occurred or evidence will be found. Courts assess the totality of the circumstances, including officer observations, witness tips, and reliability. This article explains probable cause for arrests and searches, warrants, exceptions, and how challenges work.

Arrest Procedures Constitutional Law

Probable Cause: Standard for Arrests and Searches

December 25, 2024 • By Jack Gilbert

Probable cause requires facts that would lead a reasonable person to believe a crime occurred or evidence will be found, allowing a warrant or certain warrantless action. It is the Fourth Amendment threshold for lawful arrests, searches, and seizures and is more than a hunch but less than proof beyond a reasonable doubt. This article […]

Arrest Procedures Court Trial

Bail Bonds Explained: Securing Your Release from Custody

December 8, 2024 • By Jack Gilbert

Bail bonds typically require paying a nonrefundable premium of about 10% of the full bail amount to a licensed bail agent to secure release. The defendant must follow all court conditions or the bond can be forfeited and collateral may be at risk. This article explains how the bail process works, bond types, costs, and […]

Arrest Procedures Constitutional Law

Search and Seizure Laws: Protecting Your Fourth Amendment Rights

December 8, 2024 • By Jack Gilbert

The Fourth Amendment protects you from unreasonable government searches and seizures, generally requiring a warrant based on probable cause. Key exceptions include consent, plain view, exigent circumstances, and certain vehicle searches. This article explains how these rules apply in common encounters and how to assert your rights. The Fourth Amendment of the United States Constitution […]

1 2 3 Next →