Section 1.4 Arrest From the Defense’s Perspective

• Library: Criminal Practice 2012 Supp

C. (§1.4) Arrest From the Defense’s Perspective

The criminal law process begins for defense counsel upon an arrest or apprehension of an alleged wrongdoer. Defense counsel generally does not participate in gathering evidence until after the arrest or apprehension occurs. But this should be distinguished from pre-indictment investigation and preparation conducted after the arrest. Often, critical evidence and information is gathered after an individual’s arrest but before a formal charge is made.

At the outset of reviewing the arrest, the facts and circumstances of the matter must be closely examined to avoid any error that may invalidate the procedures that follow. Defense counsel must first examine the...