custody

In one sentence

Physical control or confinement of a person by law enforcement or the state.

Plain English

Custody means a person is under the control or restraint of law enforcement and is not free to leave. This can happen after an arrest, when someone is detained for questioning, or when they are imprisoned after conviction. Being in custody triggers certain legal protections, like the right to be informed of charges and the right to remain silent.

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Example

When police arrest someone at their home and take them to the police station for questioning, that person is in custody. They cannot simply walk out; they are held under police control until they are released or formally charged.

Used in a sentence

“Once the suspect was placed in custody, the officer was required to read them their Miranda rights before questioning.”

Related terms

Arrest

The act of taking someone into police custody based on probable cause.

Warrant

A guarantee or promise that something is true or will work as stated.

competency hearing

A court proceeding to determine whether a defendant can understand trial and assist in their own defense.

Double Jeopardy

Being prosecuted or punished twice for the same crime, which the Fifth Amendment forbids.

Plea Bargain

A negotiated agreement where a defendant pleads guilty in exchange for reduced charges or sentencing.

civil rights

Fundamental freedoms and protections guaranteed to all people, including equal treatment and freedom from discrimination.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.