Miami Lawyer » Plea Negotiations and Trial > State Criminal Defense - Probable Cause to Arrest
State Criminal Defense - Probable Cause to Arrest
In the State Criminal Justice System, most prosecutions begin with an arrest. Law enforcement can an arrest a defendant if they have “probable cause” to believe a crime was committed and that the defendant committed the crime. Probable cause is a low, easy standard for law enforcement to meet. At the time of arrest, the police will draft a document called a “probable cause affidavit”. This affidavit will describe the crime the person arrested allegedly committed. A copy of the “probable cause affidavit” will be filed with the court and with the State Attorneys Office.