Can You be Charged with a Felony without Being Arrested?
In the United States, the criminal justice system is designed to protect citizens from harm and hold accountable those who break the law. However, there is a common misconception that one must be arrested before they can be charged with a felony. The truth is, it is indeed possible to be charged with a felony without being arrested. In this article, we will explore the situations in which this can happen and the implications for the accused.
What are Felonies?
Before we dive into the specifics, it’s essential to understand what constitutes a felony. A felony is a serious crime that is punishable by more than one year in prison. Examples of felonies include murder, robbery, burglary, and drug trafficking. Felonies are considered more severe than misdemeanors, which are lesser crimes punishable by less than one year in prison or a fine.
Types of Felony Charges without Arrest
There are several ways in which one can be charged with a felony without being arrested. Here are some examples:
• Warrants: Law enforcement can issue a warrant for an individual’s arrest without actually taking them into custody. This is often done when the individual is unaware of the warrant or has fled the area.
• Summons: A summons is a legal notice that requires the individual to appear in court at a specific date and time. This is often used in cases where the individual has not committed a violent or serious crime.
• Information: An information is a formal charging document filed with the court by law enforcement. This can happen when the individual is being charged with a felony while still in custody or in cases where the individual is not in the jurisdiction of the court.
Situation 1: Warrant Issued
Let’s say John is accused of embezzling $10,000 from his employer. The police investigating the case obtain a search warrant for John’s residence and find evidence linking him to the crime. Based on this evidence, the DA files a felony warrant for John’s arrest. The warrant is issued, and John is notified of the charges. However, since John is not in immediate danger and is not deemed a flight risk, a warrant is issued instead of an arrest. John will need to turn himself in at a designated time to face the charges.
| Warrant Situation | Consequences |
|---|---|
| John is informed of the warrant | May choose to turn himself in or flee |
| Turning himself in | Avoids potential danger and can prepare for court |
| Fleeing | May lead to additional charges and increased sentencing |
Situation 2: Summons Issued
Sarah is accused of identity theft and receives a summons in the mail. The summons requires her to appear in court within a specified timeframe. Since Sarah is not facing immediate danger, a summons is issued instead of a warrant. Sarah is free to continue her daily activities until the court date, but she must be prepared to face the charges.
| Summons Situation | Consequences |
|---|---|
| Sarah receives the summons | Has a set court date, but is free to go about daily activities |
| Failing to appear in court | May result in a bench warrant and potential additional charges |
| Preparation for court | Can result in a more favorable plea agreement or reduced sentence |
Situation 3: Information Filed
Bob is accused of drug possession and is already in police custody. The DA decides to file an information against Bob, charging him with a felony. Bob is not arrested again because he is already in custody. Bob will appear in court to face the charges and may have limited opportunities for bail or reduced sentencing.
| Information Situation | Consequences |
|---|---|
| Bob is already in custody | Not arrested again, already facing charges |
| Negotiating a plea | Can result in a reduced sentence or alternative sentencing |
| Failing to cooperate | May lead to additional charges or harsher sentencing |
Conclusion
In summary, it is indeed possible to be charged with a felony without being arrested. Warrants, summons, and informations are all viable options for law enforcement and the DA to pursue, depending on the circumstances of the case. Understanding these options is crucial for accused individuals to prepare for court and potentially mitigate the consequences of their actions.
As we’ve seen in the examples above, failing to turn oneself in when a warrant is issued can lead to additional charges and increased sentencing. Similarly, failing to appear in court when summoned can result in a bench warrant and additional charges. On the other hand, preparing for court and negotiating a plea can lead to reduced sentences or alternative sentencing.
It is essential for individuals accused of felonies to seek the advice of an experienced attorney who can guide them through the process and help them navigate the complex criminal justice system.
