Can police arrest you if you are a suspect in a home burglary or do they send paperwork for a court hearing first?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can police arrest you if you are a suspect in a home burglary or do they send paperwork for a court hearing first?

My wife is being accused of a home burglary by a woman I had an affair with 2 days after I broke it off with her. She is a suspect in the case because the other woman named her as a suspect and has brought about false evidence against her. I am not sure if police can just take her to jail or if she would have a court hearing first.

Asked on July 1, 2009 under Criminal Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It's entirely possible that your wife could be arrested, depending on how much was stolen in this burglary;  I'm not an Arizona attorney, but most states make theft offenses more or less serious depending on the amount involved.  The police would probably have to go to a judge before arresting her, to get a warrant based on some showing of probable cause.

I hope your wife already knows about your affair -- because otherwise, it looks like you're going to have to come clean to keep her out of jail.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It's entirely possible that your wife could be arrested, depending on how much was stolen in this burglary;  I'm not an Arizona attorney, but most states make theft offenses more or less serious depending on the amount involved.  The police would probably have to go to a judge before arresting her, to get a warrant based on some showing of probable cause.

I hope your wife already knows about your affair -- because otherwise, it looks like you're going to have to come clean to keep her out of jail.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption