Who can Arrest me?
All law enforcement officers – such as police officers, county sheriff officers, investigators in a district attorney’s or an attorney general’s offices and highway patrol officers – can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you.
They can arrest you – even if they do not have an arrest warrant – if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.
If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.
Shawn C. Mills, Attorney at Law #189893
MONTEREY CRIMINAL DEFENSE SERVICES
702 Forest Avenue, Suite A
Pacific Grove, CA 93950
(831) 372-3000 or