When an individual is placed under arrest by a law enforcement officer, it is imperative they understand their rights, as well as what the prosecutor is allowed and not allowed to do. For example, a prosecutor does not have to bring charges against the individual immediately following the arrest; however, if an unreasonable amount of time goes by, that could be considered a violation of the accused’s Constitutional rights. A criminal defense lawyer will know when the prosecutor may be pushing the detention time beyond what is considered legal.
Under the Fourth Amendment of the Constitution, there must be probable cause on the part of the police officer to make the arrest. When a defendant is finally arraigned on the charges in front of a judge, the judge will determine if there was enough probable cause to make the arrest and if the arrest was lawful. The judge will also want to know how many times the defendant was read their Miranda rights while they were detained.