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Arrest law that and How cops must follow to determante if its arrest or they just give a tickit without arrest. For charge rr 10

Brooklyn, NY |

Charge rr 1050 (9)(d) restracted area which when someone move to another subway car. How and best on what law guide the cops follow to determniate if they will arrest that person or just give him/<er a tickit .is there any arrest law # and cops giude to see if they have right to arrest or just a tickit for ny

Attorney Answers 3

  1. The police have discretion on this.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  2. Typically, an arrest is questioned or determined if valid only after it is challenged in court. So in most cases, even illegal arrests are never challenged. Police undergo training as part of their work to know where the line is, to the extent there is one, in determining if they can arrest a person. Also, remember that police have tremendous discretion in arresting someone, so even if they can, the sometimes won't. This is the initial filter built in to the criminal justice system to avoid or remove people from the criminal pipeline.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

  3. The police typically give a summons for this arrest unless the person has a bench warrant in which case they are required to make an arrest.

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