An arrest is a big deal. When you’re arrested, you’re probably feeling scared and confused. You might wonder what it really means to be arrested. Is getting arrested the same thing as getting charged? Our criminal defense attorneys explain.
No, being charged is not the same as being arrested. Being arrested means that the police believe that you likely committed a crime. Usually, you will go on to face criminal charges after an arrest, but not always. The state attorney may or may not decide to bring criminal charges after an arrest. In addition, a person can face criminal charges without being arrested. Although criminal charges usually follow after an arrest, being charged is not the same as being arrested.
Yes, you can be charged after being let go. The police may forward a report of the case investigation to the state prosecutor or district attorney in order to decide whether to issue criminal charges. The state attorney may decide to bring criminal charges at any time before the statute of limitations runs. It doesn’t matter whether the defendant is in custody. The state attorney can charge you after you’re let go.
If you are in custody, the state has a limited amount of time to process the case. In other words, you must be taken before a judge or have a bond set within a certain amount of time. If the police and the courts can’t get that accomplished within a reasonable period of time, they have to let you go. You can expect to have a hearing before a judge or magistrate in a short period of time, or you can expect the police to use a standard bond schedule in order to determine what amount you need to post in order to make bail. The police can also release you without bringing criminal charges.
When you receive criminal charges after being let go, you may receive a summons and complaint in the mail. The court may give you a date to appear for your arraignment. This is a common procedure when your charges are misdemeanor charges. If you fail to appear for your court date, the court may issue a warrant for your arrest. However, when the state attorney authorizes criminal charges, you may be brought into custody.
An experienced criminal defense attorney can help you if you may be facing arrest and criminal charges. Even before the arrest occurs, how you handle the charges can make a big difference in the outcome of your case. Your criminal defense attorney may be able to help you avoid arrest or minimize the time that you spend in jail waiting for hearings. They can begin to work immediately on your defense.
Have you been arrested? Are you wondering what it means to be arrested or charged? Our aggressive defense lawyers can help. Call us today for an immediate consultation about your case