LawInfo

How do I know if I am in custody?

Other Arrest Information FAQs

• What is a custodial interrogation requiring a Miranda warning?
  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
• Can I be arrested for the sole purpose of being questioned on a matter?
  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.
• Do the police have to wait until I have an attorney present before they question me?
  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
• How do I know the difference between being questioned (non-custodial interrogation) and being interrogated (custodial interrogation)?
  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
• I was pulled over for a traffic violation and questioned. Isn’t this an illegal interrogation?
  Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation."  An illegal interrogation is when the … more
• I have committed a crime; do I have the right to an attorney?
  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
• What is a grand jury?
  A grand jury is a panel created by the court. A grand jury is composed of five to seven citizens convened to consider whether there is probable cause to believe that … more
• The police put me in a line-up but I did not have an attorney, is that legal?
  It is legal for the police to put you in a line-up as long as you have not been formally charged of a crime and you have not requested an attorney.
• What is an arrest warrant?
  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.
• A warrant has been issued for my arrest, what does this mean?
  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.