Did you know that New Yorkers can not be arrested unless the police have enough evidence, or what is also known as “probably cause”? If an arrest is not made at the scene of an incident and a person is later identified as a possible suspect, the police will determine whether probable cause exists for an arrest. If the police determine that probable cause exists, a police report is generated for the arrest of the suspect. This time period is the initial start of the Pre Arrest Case (PAC).
What should you do if the police designate you as a “person of interest” or place you under arrest? Limit communication and seek immediate legal advice or representation from a lawyer.
Having worked with pre arrest cases for over 20 years, I have learned how important it is for a person to speak with an attorney before, or as soon as possible after the police are involved. The outcome of any criminal case, could be greatly influenced by the advantage gained during this PAC stage. You have rights! Learn them and use them.
What can a lawyer do for you during PAC?
- Very often, when I make contact with the police prior to a warrant being issued, it gives me the opportunity to prevent the police from issuing a warrant.
- In this initial stage, I also gather information on charges, and if necessary, I accompany the client to the precinct, scheduling a meeting directly with the police officer assigned to the case.
- Whether there are actual charges filed or not, I can visit the scene, talk to people who may have information, get video footage when available, take photographs, and do whatever else is deemed necessary in the case.
Frequently, the information that is gathered in this early stage can be used to discredit and challenge the police on their probable cause determination. The information is also valuable during bail determination, plea bargaining, and if necessary, for trial.
Remember, when a person is involved with any criminal case, whether he/she is considered a “suspect” or a “person of interest,” there are a few things to remember:
- Police must establish probable cause for an arrest during this PAC stage.
- As a suspect in a police report, it is crucial to limit communication and seek legal advice or representation immediately.
- The outcome of any criminal case, should one be brought against you, could be greatly influenced by the advantage gained in handling a PAC properly.
Don’t hesitate to contact our office if you have any questions, and remember: If you are my client, I will use whatever legal means necessary to protect your constitutional rights.