Getting a summons a month and a half after the incident

My fiance and I had a heated argument
and she called the police. I was then
asked to leave and stay at a friends by
the officers to let the situation calm
down. A month and a half later, today,
we both receive a summons for
disorderly conduct along with domestic
implications. How is this possible if
no one was arrested or cited at the
scene? This is in Kansas.

Asked on July 7, 2016 under Criminal Law, Kansas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A person can be charged with an offense in a variety of ways.  One it a ticket....another is summons.  The summons is valid as long as the statute of limitations has not run.  In your case the statute has not run, so a summons can still be issued. 
The reason there may be a delay is that the officers may have had to consult with a chief or a prosecutor before deciding whether or not to proceed with the charges. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.