Is it possible to be charged with a misdemeanor yet not be arrested, issued a ticket, fined or told to make a court appearance?

UPDATED: Mar 3, 2012

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Is it possible to be charged with a misdemeanor yet not be arrested, issued a ticket, fined or told to make a court appearance?

I was involved in a fight, the cops came. I was told if I were to be charged it would be a Class C misdemeanor. I was never ticketed or arrested. I have not received anything in the mail, but was called a year later concerning the other person involved in the fight. He had gotten into other trouble, and the police just asked me to clarify his behavior in the fight with me. I am wondering if I was charged or the police simply kept info about the incident.

Asked on March 3, 2012 under Criminal Law, Texas


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

It sounds like the police came to scene, performed an investigation, but that you were never actually charged with any criminal conduct. In most states, even if you are not actually arrested at the scene, the officer will at least issue you a criminal citation or ticket and will inform you to contact the court for an arraignment date. Because you were not arrested and never given a criminal citation at the scene or via mail, one can assume that you were not charged criminally. To be on the safe side, you may want to call your local district court to see if there has been a warrant issued against you or if you appear in their system for a citiation regarding the incident. If not, then you likely were never charged.

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.

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