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

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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 11 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 11 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.


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