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Arrests and Charges

Introduction

Criminal Cases often begin with an arrest, but not every criminal case involves one.

Arrest and charging are related but distinct steps in the criminal process. An arrest involves taking a person into custody. Charges involve the formal filing of criminal allegations in court. One can occur without the other, and the timing of each can vary significantly.

These early steps shape how a case enters the system and how it moves through the broader Criminal Process.

What an Arrest Is

An arrest occurs when law enforcement takes a person into custody.

Custody may involve physical restraint, transportation to a detention facility, or other actions that significantly restrict freedom of movement. Arrests must be supported by legal justification, typically probable cause that a crime has been committed.

An arrest does not determine guilt. It initiates the criminal process.

Arrest Without Immediate Charges

An arrest does not always mean charges are filed immediately.

In some cases, a person may be arrested and later released while law enforcement or prosecutors continue reviewing evidence. In other cases, charges may be delayed while additional investigation occurs. In some situations, charges are never filed at all.

Whether and when charges are filed is ultimately a prosecutorial decision.

Citations and Summons in Place of Arrest

Not all cases begin with arrest.

Some criminal matters proceed by citation or summons. A citation typically orders a person to appear in court without being taken into custody. A summons formally notifies a person that charges have been filed and sets a court date.

Although less disruptive than arrest, citations and summons still carry legal obligations and consequences once charges exist.

Charging Decisions

Charges are filed by prosecutors, not police.

Prosecutors determine whether charges will be brought, which offenses will be alleged, and in which court the case will proceed. These decisions are based on statutory definitions, evidence, jurisdiction, and office policy.

Charging decisions shape potential penalties, court procedure, and the range of outcomes available in a case.

Timing of Charges

Charges may be filed quickly or after delay.

Some charges are filed at the time of arrest. Others are filed days, weeks, or months later after review of reports, witness statements, or laboratory results. Delays in charging are common and do not necessarily indicate the strength or weakness of a case.

The timing of charges affects custody status, bond considerations, and early case posture.

Arrests, Charges, and Custody Status

Arrest and custody status are separate from charging.

A person may be arrested and released without charges, charged without being arrested, or arrested and held pending court review. Once charges are filed, custody status becomes a central issue addressed through bond and release decisions.

Those decisions are examined in Bail and Bond.

How Arrests and Charges Fit Into Criminal Defense

Arrests and charging decisions establish the framework for everything that follows.

They determine which court has jurisdiction, when rights attach, and how quickly subsequent proceedings occur. Early assumptions reflected in arrest reports and charging documents often shape how a case is viewed moving forward.

That is why arrests and charges receive close scrutiny in criminal defense.