Make The Arrest: YOU Have The Power!

Criminal Defense Attorney in Orange County
Orange County Criminal Defense Lawyers

Law Offices of EJ Stopyro

Police officers aren’t the only ones who can lawfully arrest another person who commits a crime, such as assault& battery, burglary, domestic violence, drugs, or even DUI. You can too! Criminal defense lawyers know that the lawful authority for YOU to make an arrest is found in Section 837 of the California Penal Code. That section states:

“A private person may arrest another:

1) For a pubic offense [misdemeanor] committed or attempted in his presence.

2) When the person arrested has committed a felony, although not in his presence.

3) When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.”

These arrest powers that you and I have are very similar to the arrest powers given to the police. The major difference is that the police can arrest somebody when they have probable cause to believe that someone committed a misdemeanor in their presence, whether or not it really was.

So, for example, if a person assaults you, threatens you with physical harm, or assaults or threatens anyone, including your criminal defense attorney, IN YOUR PRESENCE, you have the lawful authority to arrest that person. You simply tell that person that you are placing them under arrest and that they are NOT free to leave. Then, call 911 and get help. When the police come, it is not THEIR decision to arrest the person—YOU have already placed them under arrest. The police MUST then take that person into custody or give that person a citation telling them WHEN to appear in court.

As citizens, it is OUR responsibility to step up and take an active role in protecting our neighborhoods, our families, and ourselves. When we see a theft, assault,marijuana crime or child endangerment happen in our presence, WE have the authority, and arguably the responsibility to arrest the one committing it. Of course, let the POLICE do the “dirty work” of taking the person into custody. This is what the police are for and this is why we pay them so much money.

If you have been arrested by the police or by a private citizen for an Orange County burglary, marijuana sales, drug sales, criminal threat, DUI or any other crime in Orange County you must consult with a criminal defense lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to speak with an Orange County DUI defense attorney today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

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