I was arrested for domestic violence misdemeanor on police report but no charges were brought from the state. Does that mean I was never charged for the crime?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I was arrested for domestic violence misdemeanor on police report but no charges were brought from the state. Does that mean I was never charged for the crime?

I was arrested for Domestic Violence misdemeanor, released on my own recognizance
and had a pretrial release for a few weeks before being told the state was not
pursuing charges and the case was over. Since then I have the arrest record
expunged, but does that mean I was charged and they were dismissed? Or that I was
never charged?

Asked on July 23, 2018 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you had a "pretrial release," you were charged--a trial would not be set up or pending if there were no charges (you only need a trial if you were charged); therefore, you would not have had a trial upcoming, and so no pretrial release, without charges being filed against you.
If they then said they were not "pursuing" charges, that means they dismissed them--not that you were never charged in the first place.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption