Must an officer arrest someone away?

I showed a police officer a text to verify the blackmail but no arrest was made. It’s been a whole week and the texts were printed off onto paper.

Asked on October 13, 2017 under Criminal Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no right to immediate arrest. The fact is that the police will arrest a person when they feel that they have evidence sufficient enough to win a conviction. In the alternative, the police also have the discretion to decline an arrest. At this point you should consult directly with a lawyer in your area who can best use their local court contacts to your best advantage.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The police never have to arrest right away: they can always elect to arrest later, such as after additional investigation. Or the police may decline to arrest, if the believe that the evidence was unreliable or the complained-of behavior was not actually a crime. Have you tried calling the police department (best would be the precise officer you made your report to) to inquire into what is happening?

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