Arrest or custodial arrest is the process in which the police take physical possession or custody of a person whom they have probable cause to believe committed a criminal offense. Arrest is distinguishable from other circumstances in which the police stop, detain, or otherwise interact with persons because it is generally the point at which a person is not free to leave or walk away from the police. Arrest is also the point at which some Constitutional rights and protections are provided to the accused. A person who is placed in handcuffs or otherwise physically restrained is clearly under arrest—but in some circumstances a person may be under arrest due to threats or intimidation from the police.

In Virginia, an arrest or custodial arrest occurs when law enforcement takes a person into physical custody based on probable cause that the individual has committed a criminal offense. This is a more severe action than a mere stop or detention, as it typically means the individual is not free to leave the presence of the police. The use of handcuffs or other physical restraints usually indicates an arrest, but an arrest can also occur if the police use threats or intimidation to hold a person against their will. Once arrested, the individual is afforded certain Constitutional rights, such as the right to remain silent and the right to an attorney. These rights are intended to protect the accused during the criminal justice process. Virginia state statutes and federal law outline the procedures and rights associated with an arrest, ensuring that law enforcement agencies follow due process and respect the civil liberties of individuals.