Why Some Suspects Go To Jail and Others Don't

Why are some suspects taken to jail while others remain free?

Many suspects are taken to jail upon arrest while others receive citations to appear in court and are allowed to remian free in the interim. Factors that influence a police officer's decision about taking an arrestee to jail include:

(i) The seriousness of the crime - Suspects arrested for petty misdemeanors (such as shoplifting) are less likely to be jailed than those charged with felonies or crimes of violence.

(ii) The suspect's mental and physical condition - Police officers often jail suspects who cause a disturbance during the arrest process. Likewise, suspects who are a danger to themselves or others (such as a suspect who is under the influence of drugs or alcohol) are likely to be jailed upon arrest.

(iii) Jail conditions - Many jails are overcrowded, forcing police officers to cite and release suspects who might otherwise be taken to jail.

(iV) Police Department Policies - Police officers often have discretion to decide whether to jail a suspect, and each police department sets its own policies

If you are arrested or charged with a crime, contact

Christine McGuire, Santa Cruz, Monterey & Santa Clara County Defense Attorney