There’s a common misconception that criminal charges arise only after an individual has been arrested. However, that’s not always necessarily the case. In New Jersey, you can be charged with a crime even if the police have not taken you into custody. If you are facing criminal accusations, please don’t hesitate to contact an experienced Bergen County Criminal Defense Attorney who can help protect your rights and work towards a favorable outcome on your behalf.
Can I Face Criminal Charges if I Wasn’t Arrested at the Scene?
In New Jersey, a criminal charge can arise without an arrest. This is because charging someone and arresting them are two separate parts of the legal system. Generally, law enforcement will investigate a crime before making an arrest. They will gather evidence and witness statements to construct a solid case before deciding whether or not to charge someone. Essentially, the police can file charges without physically detaining you at the time of the incident.
It’s important to note that for minor crimes like traffic violations, a police officer may decide to issue a citation instead of making an arrest, which still constitutes a charge. A court can issue a summons if they have reasonable grounds to believe that you committed a crime. A summons is usually issued for lower-level offenses that are not violent. If you receive a summons, you likely have been charged with a criminal offense, but you were not arrested beforehand. Therefore, you will be booked before your first court appearance. A citation is just another way to be charged with a crime without physically detaining an individual.
For more serious crimes, police officers will typically request an arrest warrant. After completing an investigation, law enforcement will pass their findings over to a prosecutor who then decides whether reasonable grounds exist to file charges. If a judge is convinced that there is reason to believe you committed the alleged crime, they will issue the warrant. Once the arrest warrant has been issued, police officers are granted the authority to take you into custody. Under these circumstances, your criminal charge happens before the arrest.
As you can see, despite not being arrested at the scene, the police can later obtain a warrant to arrest you if they have gathered enough evidence to charge you with a crime. At The Law Office of Carl Spector, we are prepared to defend your rights and interests. If you have been accused of a crime, connect with our dedicated legal team today to learn how we can help shield you from an uncertain future.
