Custodial arrest

Custodial arrest

Simply put, a custodial arrest occurs when the defen…

What is a custodial arrest?

Simply put, a custodial arrest occurs when the defendant (or suspect or what have you) believes, whether correctly or incorrectly that he or she is not free to go.

If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?

There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?

Is it a illegal arrest if Miranda rights not given?

No. Miranda has nothing to do with an arrest. Miranda applies to custodial interrogation and the penalty for an error in Miranda is that the statements are not admissible in court.

What is the criteria for Custodial Interrogation?

In California is questioning by a police officer in your home and the restriction of movement by statements of “you may not smoke”, “do not get up”, “do not go outside”, “you can not speak to them”, custodial questioning or arrest?

What do the police have to say when they are arresting someone?

Usually the officer will tell you that he is placing you under arrest. Miranda is only necessary before custodial interrogation, it is not necessary at the time of arrest.

What is a declaration in support of arrest warrant filed?

A declaration in support and arrest warrant is filed when a non custodial parent refuses to pay child support. Occasionally a warrant could be filled for alimony.

If a person reports willfully to a letter asking them to come to police station for questions is that cons >

No. It could become arrest (or a custodial interrogation) if the person is not free to leave. Added: If ‘probable cause’ is developed during the questioning – at that point they should (by all rights) be given a Miranda warning and an arrest can be effected.

Who is in charge of the arrest and custodial transportation of the suspect from the search warrant?

Any law enforcement agency can effect an arrest if they find out you have a warrant out for your arrest. The arresting agency would hold you and notify the location who issued the warrant of the arrest. At this point the agency who issued the warrant would make arrangements to collect the prisoner, take custody, and transport them back to the jurisdiction where the warrant was issued.

When you are arrested do they have to read you your rights?

Rights after arrest Under federal constitutional law, the police need to read you your rights only prior to CUSTODIAL INTERROGATION. So, if there is no interrogation, they do not have to read you your rights.

Can a minor child be questioned in the state of Georgia without a parent present?

Certainly. However, if the juvenile is in a custodial situation, actually under arrest for a crime, the parents/guardian are customarily notified.

Your son was questioned for an investigation over 15 months ago and arrested last night on a warrant over 1 year old he has never had his rights read to him so Where do you stand?

Contact an attorney. Whether or not he was given his rights isn’t material to the warrant or arrest. A person needs to be advised of their right before any custodial interrogation or any statements (and their fruit) may be excluded from court. If it was 15 months between the investigatory interview and the arrest then the original interview was probably not a ‘custodial interrogation.’

What does a police officer in the US have to say and what difference does it make at the time of an arrest?

The officer has no specific words to say beyond informing you that you are under arrest. Occasionally you may be placed under arrest without ever being told. Many people wrongly believe that an officer must read a person their Miranda rights at arrest. This is not correct. Generally, Miranda rights are only necesary at the time of a custodial interrogation. If you are arrested and not questioned afterward then it is unlikely that you will…

In California can police question a minor without the presence of a parent or attorney if the child committed a felony?

Define the circumstances. Is the minor in full custodial arrest and detention at a facility somewhere (police station-juve facility-etc) -OR – is he simply stopped on the street and asked preliminary questions about the event, which then ultimately led to his arrest?

When might you hear a Miranda warning?

They are read at the time of an arrest before any questioning begins to ensure proper advice is given to suspects. Miranda warnings are required whenever a suspect is subjected to custodial interrogation.

When will the police read a person his Miranda Rights?

Before a custodial interrogation. That is different from an arrest. If you are arrested and not questioned, you may not be given your rights. If you are held for questioning, even without being arrested, you may be given your rights.

What is a non-custodial arrest?

It means you were served a notice to appear in court. The person who recieves this notice could have been taken to jail at the time of the ciatation. The charges are viewed no different than if he would have been arrested.

If my husband marries someone else while still married to me what are the consequences?

In most countries he will be committing a criminal offense (bigamy) and will be liable to arrest and may be sentenced to a custodial term if convicted. Further, his second marriage will be invalid.

Is it a violation if the police have an arrest warrant and ask you questions without Miranda then arrest you?

When the police must read you your Miranda rights is murky at best. They must read them at some point before your custodial interrogation. That is, after they arrest you but before they ask you any questions pertaining to the crime you are suspected of. If you are arrested, the best option is not answer any questions without an attorney. When they ask you if you understand your rights, say no. When they ask you…

Can you deny a noncustodial parent visits if they have a warrant for their arrest?

(in the US) Yes, that would be justifiable grounds for denying the non-custodial their visitation, even if the visitation was court ordered. HOWEVER – if you know the whereabouts of the wanted non-custodial you cannot keep this information a secret from law enforcement in order to use it as continual justification to deny the visitation. To do so places you in the position of aiding and abetting the fugitive.

When is a station-house search of a suspect taken into custody permitted?

A search incident to arrest is universally correct. It is necessary for safety, inventory and to prevent contraband from being allowed in to a secure facility. Clarification: Anytime AFTER your arrest but BEFORE you are confined in any type of detention (including holding facilities) you will undergo a full custodial search – which CAN include a body-cavity search.

Does the custodial parent have the right to move when the non-custodial parent lives out of state?

NO! They do not have that right, when non-custodial parent is in compliance with their obligations. The custodial parent MUST notify the non-custodial parent.

If a non-custodial parent refuses to pay child support can the custodial parent stop visitation?

custodial parent should take it to court. if the custodial parent keeps the child away from the non custodial parent then the custodial parent could do jail time

If one parent signs the rights over to the other parent can the rightless parent be arrested for seeing the child again?

Signing over custodial rights does not mean the non-custodial parent is not permitted to see the child ever again. It simply means one parent will make the legal decisions for and regarding the child. The custodial parent can certainly deny the non-custodial visitation, but the court would rather see each parent active in the child’s life if at all possible. As for arrest, you can only be arrested for violating a law or a restraining…

Can police question a minor about their possible involvement in a crime without a parent being present in Ohio?

Define “questioning.” Are they being casually ‘conversed with,’ or undergoing interrogation in a “full custodial” arrest situation? Juveniles are protected by the same Constitutional rights as adults.

If a minor were to runaway with someone older is it cons >

It depends on the circumstances but is much more likely to be custodial interference than kidnapping. However either can result in arrest and record. You need to think whether or not you want to put that person at risk for a lifetime record.

Can a non-custodial parent enroll the child in a school near them without the other parent’s consent?

No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.

Do the non-custodial parent have to pay child support if he or she gives full custody?

If the non-custodial parent becomes the custodial parent they do not have to pay child support. It’s the non-custodial who pay to the custodial who is the one who takes care of the child every day.

Can the non custodial parent take the child out of state on vacation without the custodial parents permission?

It is against the law for a non custodial parent to take their child out of State (can be considered kidnapping) without the written permission of the custodial parent. If the custodial parent agrees then be sure it is in writing, with the date and signature of the custodial parent and carry it with you during the trip.

After custody is finalized can the custodial parent be taken back to court by the noncustodial parent for any reason?

Yes, if they can be proven to be unfit, either by evidence from witnesses or by arrest records, police records, failed drug tests, etc. Also, an appeal can be made for the same reason.

Can non custodial parent force counseling for child?

The non-custodial parent cannot force any conditions or requirements on the custodial parent. If they think there is a serious need for counseling and the custodial parent disagrees they can request a court order but they need to provide evidence. The non-custodial parent cannot force any conditions or requirements on the custodial parent. If they think there is a serious need for counseling and the custodial parent disagrees they can request a court order but…

Can the custodial parent denied visitation because unknown address of non-custodial parent?

For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won’t cooperate the custodial parent should return to court and request a court order.

When the custodial parent passes away and the non custodial parent becomes the custodial parent does the minor child have a say where he wants to live?

No, the minor child must live with the custodial parent who decides where they will live.

Does the custodial mother has the rights to go with child on non-custodial father visitation that ordered by the court?

no, that’s custodial interference

Does a custodial parent have to remain in contact with non-custodial parent?

Yes, if the non-custodial parent has any visitation rights.

Who has the legal right to file a child the custodial parent or non custodial parent in Flor >

File what? If you are speaking of a court filing, either parent. If you are speaking of taxes the custodial parent has the right to file the child as a dependent. The custodial parent can allow the non-custodial parent the right if they want to.

Is custodial parent required to help with transportation expenses if custodial parent has moved out of state?

Generally yes. If the custodial parent moves away from the non-custodial parent, the custodial parent is ordered to make up the extra travel costs the non-custodial parent must now pay. The principle gives freedom to move, but discourages long-distance moves. In particular it discourages moves that are designed to deny access to the non-custodial parent.

Does non-custodial parent have to prov >

Of course. The custodial parent should know where the child will be when she is with the non-custodial parent. If something should happen to the non-custodial parent the custodial parent should know where to get the child. Wanting to keep that type of information secret shows a problem of non-cooperation and a parent who is not thinking of the best interests of the child.


Custodial arrest


Custodial arrest

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