arrestee

An arrestee is a person who has been arrested by law enforcement and placed in custody as a result. The status typically applies from the moment of arrest through initial processing and until charges are filed, a court decision is made, or the person is released. An arrestee is not automatically a defendant or a convict; those terms describe different stages in the criminal justice process.

After arrest, the arrestee usually undergoes booking or processing, which may include recording identity, taking fingerprints and photographs, and inventory of belongings. Depending on the jurisdiction and the circumstances, the arrestee may be held in detention or released on bail or on their own recognizance while awaiting formal charging or court proceedings. The time allowed for detention before charging varies by jurisdiction and case.

Rights and procedures for arrestees also vary by jurisdiction. In many places, arrestees have the right to be informed of the reason for arrest, to consult with an attorney, and to have access to counsel. In jurisdictions such as the United States, custodial interrogations generally require that the arrestee be advised of their rights (often called Miranda rights) before questioning; statements obtained without proper advisement may be excluded from evidence. Other legal systems have different rules governing interrogation and representation.

Terminology and context: the term arrestee is common in police reports and formal documents and may be used interchangeably with detainee or arrested person in some jurisdictions. Some uses distinguish between arrestees (in custody pending charges) and defendants (formally charged and appearing in court). See also arrest, booking, arraignment, bail, and detainee.