Can You Be Arrested in Delaware Based Only on Someone Else’s Accusation?

People often think an arrest can happen only with evidence, such as video proof or multiple witnesses testifying against them. However, that does not always happen. An accusation by another person can sometimes be sufficient evidence for an arrest in Delaware or any other state.

One thing, however, is clear: an arrest based on an accusation is entirely different from a criminal conviction.

Police need probable cause to make an arrest

The Fourth Amendment protects against unreasonable searches and seizures. In most cases, officers must have probable cause to arrest someone.

Probable cause does not mean proof beyond a reasonable doubt; rather, it requires facts and circumstances strong enough to create a reasonable belief that the accused committed the offense. The alleged victim’s statement can carry significant weight in the assessment.

For instance, if an assault was reported by an alleged victim who identified the perpetrator, police can investigate the claim and arrest the suspect regardless of the fact that there is no other evidence.

Whether there is probable cause will depend on the specific circumstances of the particular case.

What if there is no physical evidence?

Fingerprints, DNA samples, photographs, video surveillance, and other types of physical evidence are not needed to make an arrest. An accusation gives the police probable cause.

Many criminal activities happen without video evidence or witnesses on the scene. For instance, many domestic abuse cases do not have video or witnesses, and the police show up after the crime took place, leading to two distinct accounts of what happened.

Police can evaluate the individuals’ stories along with other evidence, such as injuries or broken items, 911 calls, text messages, etc.

Without other evidence, even one individual’s story can help build the case for probable cause.

An arrest is not proof of guilt

One of the most important differences in criminal law is between the burden of proof needed to make an arrest and the burden of proof needed to secure a conviction.

Prosecutors must prove their case beyond a reasonable doubt to convict someone of a crime. This is substantially harder to do than to prove probable cause.

In some cases, an attorney can discover flaws that weren’t recognized during the initial arrest process. This could be because of discrepancies between what the accuser said and other evidence. Statements could change, timestamps could contradict the timeline of events, or another witness could have a different story to tell.

Thus, in some cases, credibility becomes the major issue.

What if the accusation is false?

Anyone who finds themselves falsely accused needs to be very careful when handling the situation. Contacting the accuser can make things worse, especially if there is a no-contact order against you.

Similarly, making extensive statements to the police to “explain things away” may pose dangers, because anything said in such a case may be used against you.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of the accused in criminal proceedings. Call our Wilmington, DE, criminal defense lawyers today to schedule an appointment, and we can begin defending you right away.