QUESTION
Is it possible to be charged for a crime even though you weren't arrested and booked?
Asked on Dec 09th, 2012 on Criminal Law - California
9 ANSWERS
Michael J. Breczinski
Yes they can do that and put out a warrant for your arrest.
Answered on Dec 11th, 2012 at 11:29 PM
Thomas Edward Gates
Yes, the prosecutor can charge you after the fact based upon the police report.
Answered on Dec 11th, 2012 at 12:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, in many instances the parties are actually charged with the crime before they are arrested or booked.
Answered on Dec 11th, 2012 at 4:03 AM
Yes. There is no requirement that you be arrested and booked in order to be charged. Otherwise all the fugitives will never be charged.
Answered on Dec 11th, 2012 at 4:02 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes. You will normally be given a Notice to Appear citation or you may receive a letter in the mail from either the court, the D.A.'s office or the police advising your that a case has been filed and that a court date has been set for you to appear.
Answered on Dec 11th, 2012 at 3:19 AM
3 Awards
Yes. Most of the time and in most criminal courts there is a process to see if the investigation done by law enforcement meets a certain standard, probably cause in order to charge someone with a crime. Some jurisdictions and courts use a grand jury to do this, in others the prosecutors office reads report and a person make a charging decision and then mails out notice to the person or asks for the issuance of an arrest warrant for the crime.
Answered on Dec 11th, 2012 at 3:18 AM
Hello- Yes it is. The only restriction on the government is the statute of limitations, which for felonies in Colorado is 3 years, misdemeanors in state court-18 months. In many cases, law enforcement issue a summons to a person-no arrest or booking required. In many drug cases, they let the suspect go to see if they want to "work" their charge off by turning someone else in later.
Answered on Dec 11th, 2012 at 3:18 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, and it happens quite often. Police will take a report and if they find the information credible will file for warrant requests from the prosecutor's office and charges will be filed. That person may not be aware of the charges for quite some time until they are picked up are find out and turn themselves in. At some point, they will have to be arrested and booked however.
Answered on Dec 11th, 2012 at 3:17 AM
Yes the district attorney can charge you without you being arrested or booked. This is common place.
Answered on Dec 11th, 2012 at 3:14 AM