Ashdown, AR asked in Criminal Law for Arkansas

Q: Can the cops legally arrest someone based solely on what a 13 yr said when there are 2 other witnesses that said the opp

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T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Arkansas, law enforcement officers generally have the authority to arrest an individual based on information they receive, including statements from witnesses, even if there are conflicting accounts. The key factor in making an arrest is establishing probable cause, which means having a reasonable belief that a crime has been committed and the person being arrested is involved. If a 13-year-old's statement is deemed credible and there is no immediate evidence to contradict it, the police might have grounds for the arrest. However, this doesn't necessarily conclude the matter. Police typically conduct further investigation to gather additional evidence and verify the accuracy of the accounts provided by witnesses. Subsequently, the decision to press charges rests with the prosecutor's office, and legal proceedings afford the accused individual the opportunity to present their side of the story and challenge the evidence.

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