What’s The Difference Between An Arrest And A Summons?
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Transcript:
If you're dealing with a DUI case, you will often have both an arrest and a summons. So what is the difference between those two, a lot of people consider arrest, being pulled over by the cops put in handcuffs and taken off to jail. And that is true. But that's not the whole story. An arrest actually just means that you are restricted by law enforcement from movement, you're not free to leave at some point in time, it doesn't necessarily mean that you are going to be taken to jail. So a lot of times, especially depending on which county you're in. So in El Paso County here in Colorado, we will see on DUI stops, particularly the law enforcement officer will arrest an individual in other words, they will restrain them not let them be free to leave, but then the person isn't actually taken to jail. The way that that person is actually hauled into court or brought to court is through the use of a summons. A summons is just a fancy word for a ticket. So on your summons, you'll have your name your information, the alleged offense that they're saying, the crime that you committed, and then you'll have a date and the time to report, you'll be asked to report either for a DUI case, you'll be asked to report to county court on a certain date. And then you'll be given that that summons, which serves as a way to bring you into court. The law enforcement agency has to have some mechanism by which they say this person is required to be at court at this date and time. So if they're not arresting you and holding you in jail until your court date, the way that they do that is by giving you a summons. The summons is a legally binding document. That's why they make you sign it but even if you don't sign it, you're still given it and because of body worn camera, they can show that you were served that summons. So whether you send it or not. You're given that summons. It's documented that you have notice of your court date and that summons is the legal way that law enforcement says okay, this is how you are to appear before the court says the date and time that you have to appear and you're legally required to appear by that summons. You can be arrested and then given a summons. Or you can do it the traditional way where you're actually arrested and taken to jail and you have to wait for a bond hearing. And we have more videos on those. But that's the main difference between arrest and summons. You can have both you can't have one or the other. And in DUI cases we often see people have both an arrest and a summons.
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