2007-01-08 12:52:52 · 12 answers · asked by Elise C 1 in Politics & Government ➔ Law Enforcement & Police
Yes you have been "charged" but are not guilty until proven guilty.
2007-01-08 17:52:43 · answer #1 · answered by John71 3 · 0⤊ 0⤋
In most states, the answer would be "no." An arrest of a person is placing them into a custodial situation, requiring the police officer to have probable cause that the person has committed a crime. However, in most states, only the criminal prosecutor (commonly called a district attorney, county attorney, or state's attorney) can file "charges": generally a document called an "Information" which outlines the crimes the prosecutor believes the person committed. For more serious crimes, certain states require that the prosecutor submit evidence to a "grand jury" which is made up of people from the local jurisdiction, to see if they believe the person committed the crime. If they believe s/he did, they authorize an "Indictment" against the person, which does the same thing an Infomation does.
Some states may permit police officers to directly charge persons with less serious crimes, similar to a traffic ticket. This would be the rarity, if any such states exist at all.
2007-01-10 14:00:28 · answer #2 · answered by vtattyguy2004 1 · 0⤊ 0⤋
It depends greatly in what State your in, and what you were arrested for, and whether or not it was a felony, or a misdemeanor. Also, whether or not you were arrested at the time of the incident or later. If you were arrested and had to make bail chances are the case is still under investigation. If you were arrested after and booked into the pokey, then more than likely,you were " charged " with a crime.
2007-01-08 13:08:18 · answer #3 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
An arrest does not constitute a charge, once you appear before a judge and arraigned you are officially charged with a crime. Sometimes the DA will look at an arrest and realize that it is not a strong enough case to pursue and will not charge the individual and the case will be dropped.
2007-01-08 13:01:07 · answer #4 · answered by jcanas34 3 · 1⤊ 0⤋
Yes, the arrest is when the police file charges against you. The District attorney may add or subtract or drop all charges against you based on the evidence. The District Attorney decides the validity of the charges and then based on the severity of the crime it may go to a Grand Jury. It does not mean you are guilty of course.
2007-01-08 12:59:42 · answer #5 · answered by sshaner892000 2 · 0⤊ 0⤋
suspicion of a crime! if they released u without charge then u are ok,if they cautioned you then let u go without setting or requiring u to appear at court,then the police will put this on file for a certain length of time and any further arrests of you will make this go against u (uk)
2007-01-08 13:05:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Possibly... example; You could be charged with driving without a valid license, you'd go to court - show a valid license to the Judge and the case would be dismissed.
Most likely, if you were arrested, It would be considered "charged" with something.
2007-01-08 12:57:50 · answer #7 · answered by ••Mott•• 6 · 0⤊ 0⤋
You've been arrested and until proven guilty, you have not been charged yet. You are innocent until proven guilty. If you say you are guilty, then you will be charged. But if you say your innocent, then the courts have to prove you guilty and then the charges will be filed against you, if your found guilty.
2007-01-08 12:58:52 · answer #8 · answered by Norskeyenta 6 · 1⤊ 0⤋
No, not necessarily because if you were charged, you would know you were; you would be read your rights as being suspect for committing a crime, and would not be convicted without "due process" of law [supposedly].
2007-01-08 13:01:55 · answer #9 · answered by ? 6 · 1⤊ 0⤋
Nope, not necessarily. Arrests and detainments are to question a person, not charge them.
2007-01-08 12:56:23 · answer #10 · answered by donnabellekc 5 · 0⤊ 1⤋