The Facts Behind Legal Detainment: Your Rights and Safeguards

What Does it Mean to be Legally Detained?

Legal detainment is a formal legal mechanism by which an individual is held in custody for a specified period of time based on their involvement in a criminal investigation. The individual does not have to be arrested, charged, or convicted of any crime for a legal detainment to take place, as it is a legal requirement that he or she submit to an officer’s request to remain at the police station while an investigation is conducted. A legal detainment is thus used to seek evidence and witness statements that might be vital to proving the innocence or guilt of an individual , and may last anywhere from several hours to several days depending on the nature of the crime and the circumstances of the investigation.
There are key legal benchmarks commonly recognized by police who decide to legally detain an individual. If the following few benchmarks are present, the person can be legally detained:
While detainment may appear similar to an arrest, there are some major differences. For instance, whereas you must always provide your name and address to a police officer, you are only required to provide your name and address to the police if they are seeking this information because they are investigating a crime. Otherwise, you are not required to comply with the request of a police officer such as abandoning your right to legal counsel or submitting to a polygraph or other lie detection test.

When Can Someone Be Detained According to the Law?

In order for detainment to be lawful, there must be reasonable grounds for the arrest and the detainment must serve a legitimate purpose. Authorities usually have good cause to detain someone if they have strong evidence that a crime has been committed and that the person being detained is responsible. In this case, once the parties are processed, the issue moves to the courts, which must determine whether there is probable cause to hold the defendants. Nevertheless, the situation leading to detention does not always necessarily have to involve an actual crime. It is legal for authorities to detain individuals if it is believed that they will flee once they learn they are under investigation. In such cases, authorities have to have a reasonable suspicion that the individual plans on leaving in order to avoid arrest. A clear-cut example of this would be an individual caught trying to sneak stolen goods out of a store as opposed to one who merely browsed the aisles, i.e. the former may be stopped immediately, while the latter will likely be under surveillance until there is further evidence they are actually about to commit an offense, such as trying to sneak something out the back instead of checking out at the front counter. It should also be noted that the court is given discretion to disregard evidence if it was obtained through an unreasonable or unlawful means. In other words, if authorities believe an individual may be guilty of fleeing the country, but have no evidence to support this belief, such as a plane or passport reservation, then there may not be sufficient legal grounds to detain this individual.

Rights Afforded to a Person Who is Detained

Your rights as a detainee shall be respected at all times. The following rights are fundamental and inalienable:

Right to be treated as innocent until proven otherwise;
Right to receive notification of the charges and the evidence against you;
Right to an attorney of your own choosing;
Right to not be interrogated unless in the presence of an attorney;
Right to communicate freely with your attorney including an attorney of your choice;
Right to communicate freely with another person, either personally or by representative;
Right to be presumed innocent until proven otherwise;
Right to be informed and have adequate time to understand the proceedings against you;
Right to a speedy public trial except for good cause;
Right not to be compelled to give self-incriminating evidence;
Right to appear personally in the proceedings and to be present at any trial or hearing at which evidence or argument is being heard in your case;
Right to present witnesses and other forms of evidence;
Right to have evidence against you excluded if improperly obtained;
Right to confront and cross-examine witnesses against you;
Right to have any doubts as to guilt resolved in favor of the accused;
Right to a public trial subject to legitimate good cause (may involve exclusion of members of the public that disrupt proceedings);
Right to a jury trial if the matter is serious enough;
Right to be present during trial except if it is unreasonable or impractical to have you present;
Right to a fair translation of the proceedings;
Right to receive notification of all continuing proceedings against you;
Right to receive notification of any bail conditions imposed upon you, and any charges that may arise from violations of conditions;
Right to be responsible for some of the costs of your legal representation, and associated costs, except where the proceedings are conducted by video feed.

The Process of Legal Detainment and Its Duration

Legal detainment is not a criminal arrest, but a lawfully permitted stop for questioning or restriction of movement. It can occur in many different situations, such as an investigatory stop in a custody battle or an investigative stop while interning at a hospital. While the rights of those detained vary based on the scope and purpose of the detainment, they all have protections under the law regarding length and process. How long a person can be detained legally depends on the purpose of the detainment. If a person is detained for questioning in an investigation, then the officer must be conducting the investigation diligently and reasonably. If an officer merely has a hunch that someone is up to no good, then any prolonged detention could be illegal and result in civil liability to the officer and agency. If a person is detained to be formally charged with a crime, they can be asked about pertinent facts without being read their rights for questioning . At that point, the detained can receive fair warning of the charges brought against them, which will be the basis for detention. It is not until they are officially arrested at that point, however, that they are formally read their Miranda rights. Officers must also take into account the suspected crime. A petty misdemeanor arrest may only require the suspect to appear in justice court, so the defendant may be cited and released with a reasonable expectation of appearing as required. With a felony charge, however, it is more likely that the defendant will be held for a period before being taken before the presiding judge. Usually, this is 48 hours within the county of arrest if the defendant was not taken before a forensics nurse, resulting in a bond hearing being held with a judge within that time frame.

How to Challenge a Legal Detainment

Individuals may challenge an unlawful detainment with various legal remedies. The most common avenue is a Petition for Writ of Habeas Corpus, which can be filed in State or Federal court. A writ of habeas corpus commands that the person alleged to be in custody be brought before the court so that it may inquire into the cause and legality of such detention. Because unlawful detention constitutes a deprivation of liberty, it is the primary remedy for illegal detainment. While there are limits on the types of illegal detention claims that can be brought before a court, as discussed above, any claim indicating that the custody is illegal is sufficient to prompt a hearing. A common mistake is to only contest the initial contact by police officers with an individual. However, there are separate legal remedies available that challenge the illegality of the subsequent detention, arrest, or in some cases, search and seizure.

The Effects of Legal Detainment on an Individual

Detainment, regardless of the underlying legal issues, can have a profound impact not only on the individuals who are directly involved but also on their families, friends, and the broader community. The social implications often mean lost time at work, disrupted lives, and strained relationships. When an individual is detained, family members are often required to step in to fulfill roles that the detained individual can no longer perform. Whether it’s maintaining a home, caring for children, or managing finances, this additional burden can lead to increased stress and potentially have long-term effects on family dynamics.
Economically, detainment can be similarly taxing. Lost wages, legal fees, and the cost of any needed support services can quickly accumulate, presenting significant financial hardship. Moreover, if the detained individual is the primary breadwinner, the loss of income can jeopardize the entire family’s economic well-being. This added economic pressure can increase stress levels and affect individuals’ mental and physical health, compounding the already significant challenges they face .
The psychological toll of being detained is similarly significant. Individuals may experience increased levels of anxiety, depression, and other mental health issues as a result of their situation. These challenges are only intensified by the stigma often associated with detainment. Family members, especially children, may face bullying and social ostracization from peers. This not only adds another layer of hardship to the situation, but also highlights the importance of community and external support during such trying times.
Support systems, therefore, are crucial. Having access to friends, family, and community resources can help mitigate some of the negative impacts associated with detainment. Additionally, legal aid services are vital in ensuring that individuals who are detained have quality representation. Ensuring that every individual understands and has access to their rights during times of legal challenges is essential for the preservation of rights and the protection of liberties.