How Do I Know If I Am In Custody?

Home > Resources > English > FAQs > Criminal Law > Arrest Information

Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you are formally in custody and you are not free to go.

Other Arrest Information FAQs

Q: What Is An Arrest Warrant?
A: A warrant is a judge issued document that authorizes the police to conduct a search, a seizure, arrest someone or carry out a court-ordered judgment.
Q: A Warrant Has Been Issued For My Arrest, What Does This Mean?
A: If you have a warrant out for your arrest, this means a judge has issued an order allowing law enforcement to take you into custody.
Q: What Happens If I Am Arrested?
A: After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of … More
Q: Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?
A: No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense.
Q: Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
A: No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and … More
Q: What Is A Custodial Interrogation Requiring A Miranda Warning?
A: An interrogation is a method of police questioning that occurs when an individual is in custody and is not free to leave. In a police interrogation, the police ask … More
Q: How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?
A: If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial … More
Q: Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?
A: No. A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney. However, these are two … More
Q: I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?
A: Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation." An illegal interrogation is when the … More
Q: I Have Committed A Crime; Do I Have The Right To An Attorney?
A: The sixth amendment of the United States Constitution gives all individuals who have been accused of a crime in a state court to have the court provide an attorney if … More