A general definition of custody will undoubtedly mention that custody involves the control and care of a thing or person. You can take custody of a child or of a painting. Many times custody denotes keeping something safe and secure, but in the realm of criminal law, custody is a serious matter that can trigger your Constitutional rights.

Custody Generally
Generally, you are in custody if you are subject to restraints that are not typically imposed on the public. This can include being physically imprisoned or arrested as well as being put on probation. In both instances you are being restrained.

Arrest and imprisonment physically restrain you to a particular location, and probation limits your freedom generally by imposing movement and association restrictions. You are technically in actual custody whenever you spend time in a:

• Jail or prison
• Rehabilitation center
• Hospital
• Work furlough
• Juvenile detention facility

Constructive Custody
In some jurisdictions, you can also be in custody when your movements are merely limited. For example, courts have generally accepted the idea that if you are paroled, you are still in the custody of authorities for purposes of federal habeas corpus relief (e.g., asking the federal courts to release you).

This is known as constructive custody. You are subjected to restraints that the rest of society is not subject to, therefore you are in custody. Other examples of constructive custody include:

• Probation
• Release on bail or on your own recognizance