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What is Custody?

A person is in “custody” when they are arrested, or under other circumstances where their movement is restricted under the authority of a police officer. In deciding whether someone is in custody, a court looks at the circumstances of the restriction, not the opinion of the person allegedly detained or the law enforcement officer(s).

Common Questions

How long you can be held in custody?

What happens when in police custody?

What should I do when in police custody?

You should express that you are invoking your right to remain silent and ask to speak with an attorney. Nothing else. Do not speak with law enforcement without an attorney present. Do not sign anything without an attorney present.


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