You can be arrested with or without an arrest warrant. To get an arrest warrant — permission of a neutral person — the police must apply to the local District Justice and they must support their request with written, sworn affidavits. They are required to obtain warrants to make arrests for most misdemeanors unless the crime is committed in the presence of the police officer. Police must have a warrant to arrest you inside your home, unless emergency circumstances exist that would justify a warrantless arrest. However, the police do not need a warrant to arrest you if they have probable cause to believe that a felony such as murder, robbery or rape has been committed and that you are the felon.

An arrest made without probable cause is not a lawful arrest. The rules are complex and consequences can be serious if the police do not follow procedures when they arrest you. A criminal defense attorney can determine whether this first step was lawful and advise you on the action you should take to defend your position. You should therefore seriously consider immediately hiring an attorney who has the expertise to assist you.

Call (717) 848-8455 to set up a free, no-risk consultation with attorney Joseph N. Gothie, Esq., to discuss whether you were arrested legally. 

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