Call 24/7 for a Free Consultation

Request a Free Consultation Now

Charged Versus Arrested

arrest

Being “charged” is the initiating process in which an individual is accused of committing a violation of law.  It is basically the part where a person is formally accused.  The violation can be anything from a minor traffic infraction, such as speeding to something as serious as murder.  Police officers have the authority to file charges independent of a judge or court commissioner.  But, there are limitations.  Misdemeanors for example must be committed in the presence of a police officer.  In certain cases, the police will issues a criminal citation in lieu of arrest.  This happens most frequently with minor traffic violation and shoplifting.  The individual is still charged with a violation of law, but is not arrested.  In certain circumstances, such as with shoplifting – which is a type of theft, a conviction could later result in a period of executed incarceration.


Being arrested
is an involuntary loss of liberty in which a police officer takes custody of the individual.  Police must comply with regulations in which an arrested person shall be taken before a commissioner within a prescribed period of time for  a determination of bond conditions.  Certain types of crimes permit the police officer to make discretionary release independent of a commissioner.  For example, drunk driving charges, while still quite serious, provide for discretionary release from the police station.  Typically, an arrest signifies that the charge is serious and that a conviction could result in a period of executed incarceration.

Being charged also means getting a lawyer!  Being accused of a crime means that you now have a problem and you need professional help to navigate the situation.  A good criminal defense attorney will explain the charges and learn your side of the story and help you respond to the charges appropriately.

 

Recent activity
The Best Driver Update Software For Windows In 2022
June 28, 2022 View article
What Is The Windows Registry Editor?
June 22, 2022 View article
Live Sports Tv
June 16, 2022 View article