Can You Be Charged With a Crime Without Being Arrested?

A criminal charge is a very serious offense that can have several negative consequences on a person’s life. In most cases, when someone is charged with a crime, it is clear and obvious. A police officer informs them of what they have been charged with, reads them their Miranda rights, handcuffs them, and takes them to the police station. However, there are cases where a person can be charged with a crime without ever being arrested. It is rare and it can seem unfair, but it is possible.

If someone is charged with a crime without being arrested, then they should follow the same procedures that they would if they did get arrested. In other words, they should call a criminal defense lawyer. A lawyer is an invaluable ally for someone who has been charged with a crime because they can offer advice, guidance, and a robust defense against the criminal charge. If you live in the Orlando area and were charged with a crime, then contact lawyer Parikh to get the help you need.

How Can Someone Be Charged With a Crime Without Being Arrested?

One of the ways a person can be charged with a crime without being arrested is if an officer gives them a citation. For relatively minor crimes an officer will give the suspect a citation which states that they should appear in court at a given date. If the suspect fails to appear in court on time, then they could end up facing more serious charges. Another common method is when an officer sees someone commit a fairly minor crime and writes the person a ticket instead of arresting them. The person might be detained for a while but they will eventually be released and given a citation to appear in court at a future date.

Another method is when a civilian witnesses someone committing a crime and then reports it to the police. The police will then conduct an investigation to discover the validity of the claim. If they find the claim to be legitimate, then they will either find and arrest the suspect or they will send them a criminal ticket in the mail. That ticket states that the person should turn themselves in or face more serious consequences.

Another way is if the police have enough evidence to arrest someone without speaking to them. When that happens the officers will request an arrest warrant from a judge or magistrate. Once the warrant has been issued, the officers can use it to arrest the suspect personally or they can send a notice in the mail asking the suspect to turn themselves in. If the latter option happens, then the suspect will have been charged without ever speaking to an officer.

What Are My Rights If I Was Charged With a Crime?

When someone is arrested they are read their Miranda rights by the arresting officer. Even if the officer fails to read a person their rights, they still have those rights even if they don’t know what they are. The same goes for anyone who was charged with a crime without being arrested; they still have rights that should be upheld even if they were never formally arrested. Those rights are as follows:

  • They have the right to remain silent and not incriminate themselves.
  • Anything the suspect says can be used against them in a court of law.
  • They have the right to an attorney. If they cannot afford an attorney, then one will be provided for them.

Miranda warnings mainly apply to situations where the suspect will be interrogated by the police, which is why it is necessary to have a lawyer present during those situations. The lawyer will make sure that the entire process is fair and will advise their client on the course of action that they need to take.

Contact an Attorney If You Were Charged With a Crime

Whether you were arrested by a police officer or were charged with crime via some other method, it is extremely important that you contact an attorney to represent you. They will make sure that your rights are upheld and that you are treated fairly. Your attorney will also come up with a defense that can get the charges reduced or even dismissed. So do not hesitate to get in touch with a lawyer after you have been charged with a crime.