Can I Be Charged With a Crime Without Being Arrested?
Facing criminal charges can be intimidating. Whereas being charged with a crime is often preceded by an arrest, there are situations in which you can be charged with a crime without being taken into police custody. It is even possible that you could receive a notification that you must appear in court without knowing that you are under criminal investigation.
If you have been charged with a crime, you need skilled representation. You need the Tennessee criminal defense lawyers at Raybin & Weissman, P.C.
Receiving a Citation
Under Tennessee Law, a person can receive a citation in lieu of an arrest. The citation orders the individual to appear in court on a specific date and time to be “booked.” Just like with a regular arrest, a citation signifies that there is enough evidence to charge a person with a crime, but it does not necessarily mean that you committed the offense.
Upon being served, you will be required to sign the citation. This is just an acknowledgement that you received it and does not mean you are admitting guilt. The citation will then be filed with the court having jurisdiction over the matter.
There are certain crimes that require that you be arrested on the spot instead of given a citation. This applies to those charged with driving under the influence (DUI), domestic assault and other offenses where there may be a danger to others if the person is not taken into custody at the time.
It is important to remember that being given a criminal citation instead of being arrested at the scene does not make the case any less serious. It is still a criminal charge that will be viewed the same once the case gets to court.
Having a Bench Warrant Issued in Your Name
There are two main types of warrants in Tennessee: an arrest warrant and a bench warrant. An arrest warrant is the type that most people are familiar with. It requires that a police officer have probable cause, meaning sufficient evidence to detain you for a crime.
A bench warrant serves a different purpose. Under the Tennessee Rules of Criminal Procedure Rule 4, a magistrate or court clerk can issue a criminal summons, ordering a defendant to appear in court. If the defendant fails to appear, a judge or magistrate can issue a warrant for your arrest, known as a bench warrant. A bench warrant can also be issued if a person violates his or her parole or probation.
Not all individuals are found when a bench warrant is issued against them. Generally, if you have been charged with a misdemeanor or less serious offense, law enforcement may not actively seek you out. Bench warrants are the most common type of warrants that come up when the police run someone’s name under a warrant search. A bench warrant does not have an expiration date. In many cases, a person is arrested by happenstance. This can occur if the police were running your name under a warrant search when you were pulled over for a traffic violation.
Contact a Bail Bondsman
If there is a warrant out for your arrest, you want to be prepared. When contacting a bail bondsman, you will spend as little time as possible in jail. A bail bondsman will provide the money necessary to get you released from police custody. You may be asked to put something up for collateral in exchange for your promise to appear in court when scheduled.
Speak with our Tennessee Criminal Defense Lawyers Today
If you are fighting criminal accusations, you need representation on which you can depend. Our legal team has been fighting for defendants’ rights since 1976. Whether you have been arrested or have already been charged with a crime, we want to hear from you. To speak with our Tennessee criminal defense lawyers, contact us online or by phone.