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What’s the difference between an arrest and detention in NJ?

On Behalf of | Mar 24, 2025 | Criminal Defense |

Getting stopped by the police can be stressful. Many people in Verona and Essex County mix up arrests and detentions. This mix-up can affect your rights and choices during police encounters. Let’s break down what sets these two situations apart. 

 What happens in a detention

A detention is when police briefly hold you to check out possible criminal activity. Think of it as a short pause in your day. Officers need a good reason to detain you, like matching a suspect’s description or being near a crime scene. Let’s look at what police can do during a detention

  • Hold you only for a short time
  • Ask for your name and ID 
  • Pat you down for weapons if they suspect danger 
  • Question you about what you’re doing 

 Remember: During a detention, stay calm and polite, but know you only need to give basic information

 What counts as an arrest? 

An arrest is more serious than a detention. Police need more substantial proof, called probable cause, to arrest you. When you’re arrested, several things happen right away: 

  • The police will take you to the station.
  • You hear your Miranda rights.
  • You get fingerprinted and photographed.
  • Officers file formal charges.
  • You see a judge about bail.
  • You get your right to call a lawyer.

 These steps show why an arrest is much more serious than a detention. 

 Know your rights and next steps 

Mixing up arrests and detentions can lead to legal trouble. If police stop you in Verona or anywhere in New Jersey, stay calm and watch for these differences. The way officers treat you and their questions will tell you if it’s a detention or arrest. 

 If you’re unsure about what happened during your police encounter, talk to a criminal defense lawyer. A local attorney who knows New Jersey laws can tell you if your rights were followed and help protect your future

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