Witnesses are a major part of many criminal cases. They often provide information to the authorities that may be used to arrest a suspect. In some cases, witness testimony is the key evidence the police use to justify taking a suspect into custody.
The police may arrest someone based on evidence you might consider minimal. In some cases, the police take suspects into custody almost entirely on the basis of a witness’s statements. Remember, the police only need enough evidence to establish probable cause to justify the arrest. The witness’s statements do not have to be so strong as to meet the criminal burden of proof. While witness statements can be powerful, they are far from perfect, and we may be able to highlight shortcomings in these statements to build your defense.
Start your case with a confidential, free legal review by calling our New Jersey criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
Can the Police Arrest Someone Based Only on a Witness Statement?
While the police require evidence to justify arresting a suspect, they do not need as much evidence as you might think. It is possible to be arrested based almost solely on a witness’s statement, but the statement must be credible.
Reliability of the Witness
When evaluating a witness statement, the police will likely consider the witness’s reliability. How did they come by this information? Is there any reason to believe they are mistaken? If the witness was present when the alleged crime occurred and claims to have witnessed it firsthand, the police may take their statement more seriously.
If the information is second-hand or the witness provides incomplete information, the police should be skeptical. Unfortunately, they do not always exercise skepticism when needed.
Can the Witness’s Statement Be Verified?
The police should verify the accuracy of the witness’s statement before executing an arrest. This may involve speaking to additional witnesses or comparing the statement to other evidence already obtained. If the statement cannot be verified or corroborated, the police should not trust it.
Even so, the police often use untrustworthy evidence as probable cause for arrests. If that happens, our New Jersey criminal defense attorney can work to make the police prove that the evidence was reliable. If they cannot, we can try to prevent prosecutors from using it against you.
Content of the Witness’s Statement
The police may also consider the alleged facts and details of the witness’s statement. Do the details hang together in a way that makes sense? If they do not, or there are holes in the witness’s story, it might not be a trustworthy statement, and the police might not use it to establish probable cause to arrest. A major red flag in witness statements is when multiple facts are alleged that seem to contradict each other or cannot both be true at the same time.
FAQs About What the Police Need to Arrest Someone in New Jersey
Can the Police Arrest Someone Based Solely on a Witness Statement?
Yes. To arrest someone, the police need articulable evidence to establish probable cause that a crime has occurred and that the person being arrested likely committed it. Probable cause may be based on various pieces of evidence, including witness statements. If the witness statement is reliable, it might be the only thing the police need to arrest someone, depending on the circumstances.
What Makes a Witness Statement Sufficient Probable Cause to Arrest?
The police cannot just take a witness’s word at face value. They never know if a witness has a reason to lie or if their statement is mistaken. Typically, the police will try to verify the statement to determine if it holds any merit. They will also consider the witness’s reliability.
Can the Witness Statement Used to Justify an Arrest Be Used as Evidence in Court?
Possibly. The evidence the police may use as probable cause to arrest a suspect need not meet the same evidentiary standards as evidence that would be admissible in court. As such, the police may arrest a suspect based on a witness statement that is inadmissible hearsay. In that case, the witness’s testimony likely could not be used against you in court. However, if the statement is admissible, it can be used against you.
Do the Police Need a Witness Statement to Arrest a Suspect?
Not necessarily. While a witness statement may be used to establish probable cause for an arrest, it is not required. Any evidence may be used as probable cause as long as it is reliable, articulable, and tends to show that a crime was committed and the suspect likely committed it. It is entirely possible to be arrested based on evidence that does not include witness statements.
What Happens if the Police Arrest Me Based on a Witness Statement That Turns Out False?
Sometimes, the police arrest someone based on what they believe is a reliable witness statement, only to realize later that the statement was incorrect. If the police acted in good faith, they might not face penalties or consequences. If they catch the mistake quickly, we can push for them to release you if you are still in custody. Otherwise, your attorney can work to make sure the false witness statement does not come up again and is not used against you.
Will I Be Charged if I am Arrested Based on a Witness’s Statement?
Possibly. The fact that a person is arrested for an alleged crime does not automatically mean that they will be charged. The police do not get to decide if a suspect is formally charged. That decision lies with prosecutors. The prosecutors on your case may very well believe there is insufficient evidence to file charges, and you may be released. However, it is also possible that the police have evidence beyond the witness statement, and you might be charged. Either way, contact a lawyer for help.
When is a Witness Statement Not Enough to Justify an Arrest?
A witness statement may not be enough to justify an arrest if it cannot, on its own, establish sufficient probable cause. If the statement cannot be verified or corroborated, or if the witness is unreliable or has a reason to lie, the police should be very skeptical. If you are arrested based on insufficient probable cause, this may be a Fourth Amendment violation, and evidence obtained pursuant to the unlawful arrest may be excluded from the case.
Can I Disprove a Witness’s Statement After Being Arrested?
Yes. While the police might have a good-faith belief that the witness statement provides sufficient probable cause, we can later undermine the statement’s credibility. You might have information about the witness that the police do not. Perhaps they are unreliable, or we have proof that the statement is a lie.
Speak to Our New Jersey Criminal Defense Attorneys About Your Case
Start your case with a confidential, free legal review by calling our Atlantic City, NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
