Search results
Results from the WOW.Com Content Network
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.
For a person to be extradited interstate, 18 U.S.C. § 3182 requires: An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled. The requesting executive must also produce a copy of an indictment found or an affidavit made before a magistrate of any state or territory. The document must charge ...
But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even, within a country, from state to state. Before a person is found guilty of a crime, a criminal charge must be proven beyond a reasonable doubt. [1]
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
A person may petition the court for expungement if the charge did not result in conviction at any time. [56] When a person is convicted of a crime how they can get an expungement varies. If the charge was a summary conviction, then a person will become eligible when they are arrest and prosecution free for a period of five years. [56]
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Although his arrest was "peaceful," per Altoona police, Mangione did not speak to interrogators and was put in a holding cell. Read On The Fox News App "Suspect didn't say a word.
In the United States a person who was not found guilty after an arrest can remove their arrest record through an expungement or (in California) a finding of factual innocence. A cleared person has the choice to file a complaint or a lawsuit if they choose to. Legal action is sometimes filed against the government after a wrongful arrest.