If you’ve ever been stopped by Columbus police and thought, “Am I under arrest… or just stuck here?” — you’re not alone. That confusion isn’t accidental, and it can seriously affect your case if things escalate.
Understanding the difference between being detained and arrested under Ohio law is one of those details people don’t care about until it’s suddenly very personal. By then, saying the wrong thing can do real damage.
Let’s clear it up.
Detained: You’re Not Free — But You’re Not Arrested
A detention happens when police believe they have reasonable suspicion under Ohio Law that you’re involved in criminal activity. In Columbus, this often looks like:
- A traffic stop
- Being stopped outside a bar or event
- Police questioning you near an alleged incident
Here’s the key part:
👉 You are not free to leave, but you are also not under arrest.
During a detention:
- Police can ask questions
- They may pat you down for weapons
- They’re fishing for probable cause
What they don’t need at this stage is proof. They need you talking.
Arrested: The Line Has Been Crossed
An arrest requires probable cause, meaning police believe a crime was committed and that you committed it.
Once you’re arrested:
- You can be handcuffed
- You’ll be taken to jail or booked
- Your statements matter a lot more
Here’s the part most people miss:
❗ Anything you say during detention can be used to justify the arrest.
That’s why the line between detained and arrested is where cases are often won or lost.
Why Police Rarely Answer “Am I Under Arrest?” Clearly
In theory, officers should be transparent. In reality, vague language benefits the investigation.
Common phrases include:
- “Just answer a few questions”
- “We’re trying to clear this up”
- “You’re not in trouble right now”
None of those mean you’re free to go. And none of them protect you.
If police clearly say you’re detained, they limit their flexibility. If they keep things fuzzy, people keep talking.
What You’re Actually Required to Do in Ohio
During a lawful stop, Ohio law limits what officers can require from you under Ohio’s stop-and-identify requirements.
During a lawful detention or arrest in Ohio, you must:
- Identify yourself if required
- Follow lawful commands
You do not have to:
- Explain what you were doing
- Answer questions about alcohol, drugs, or other people
- Consent to searches
Politely saying “I choose to remain silent and would like to speak with an attorney” is not being difficult. It’s being smart.
How This Plays Out in Columbus Criminal Cases
Many Columbus criminal cases – including DUi and OVI charges in Columbus – start small:
- Disorderly conduct
- Alleged domestic disputes
- Traffic stops that snowball
- Drug or paraphernalia accusations
What turns these into real problems is often what someone says during detention, not the original reason police stopped them.
As a former prosecutor, Nathan Akamine has seen firsthand how these statements are used to build cases — and how they can sometimes be challenged when police overstep.
When to Call a Criminal Defense Attorney
If any of the following happened, you should talk to a lawyer sooner rather than later:
- You were questioned and released
- Police searched you or your vehicle
- You were arrested but not charged yet
- You’re told “charges may be coming”
Waiting doesn’t help. Early legal guidance often changes the trajectory of a case.
The Bottom Line
Police encounters move fast. Legal consequences last a lot longer.
Knowing whether you’re detained or arrested, and acting accordingly, can protect your rights and your future. If you’re facing criminal charges or believe you’re under investigation in Columbus or Central Ohio, getting advice early is one of the smartest moves you can make.
If you’re facing criminal charges or believe you’re under investigation, the safest next step is to schedule a confidential consultation with an experienced Columbus defense attorney.
