While many arrests are proper, far more in number than police officers, judges and the general public find acceptable are made in error. Recognizing that human beings are not infallible, the existence of probable cause at the time of the arrest can be tested in a motion made prior to trial in felony cases, and at trial in misdemeanor cases. A competent defense attorney will immediately and carefully analyze the facts and circumstances giving rise to the probable cause for the client’s arrest to ascertain whether adequate probable cause existed prior to the arrest. A judge ultimately determines whether the arrest was made according to law when the probable cause is attacked. Where probable cause is legally insufficient, the arrest is invalid, and any evidence seized in connection therewith is not admissible at trial.

Frequently Asked Questions

 


Q:

What are my rights if the police arrest me based on information that is not true?

A: While many arrests are proper, far more in number than police officers, judges and the general public find acceptable are made in error. Recognizing that human beings are not infallible, the existence of probable cause at the time of the arrest can be tested in a motion made prior to trial in felony cases, and at trial in misdemeanor cases.

A competent defense attorney will immediately and carefully analyze the facts and circumstances giving rise to the probable cause for the client’s arrest to ascertain whether adequate probable cause existed prior to the arrest. A judge ultimately determines whether the arrest was made according to law when the probable cause is attacked. Where probable cause is legally insufficient, the arrest is invalid, and any evidence seized in connection therewith is not admissible at trial.


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Law Chambers of Anton J. Stelly
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6002A West Broad Street
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Richmond, Virginia 23230-1276
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