Max is partially correct. One can be charged, prosecuted, and sentenced for an offense without ever being arrested. For example, a charge may be filed, a warrant issued, and the defendant then voluntarily appears in court. In many misdemeanor cases, charges are filed and the defendant is sent a letter to come to court, and there may never be a warrant.
However, even if the defendant is not arrested, a person charged with a felony must be booked (which means going to the police department for photo and fingerprinting). (Penal Code section 813.) Booking is also mandatory in misdemeanor domestic violence cases when probation is granted. (Penal Code section 1209.097.) In other misdemeanor cases, booking may or may not be required. (Penal Code section 853.6.)
So, bottom line, nobody has to be arrested to be convicted of a crime. All people charged with felonies will have been booked prior to conviction and judgment. People charged with domestic violence misdemeanors will be booked when placed on probation. Other people convicted of misdemeanors could be placed on probation without either being arrested or booked.
2007-07-17 08:21:12
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answer #1
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answered by Anonymous
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Actually, not necessarily. Many times people are charged with a crime by having a criminal complaint filed against them after they are investigated, and they are given a court date. They are not arrested and booked, just formally charged by the DA's office and sent a notice to appear at a preliminary hearing. During the course of the hearings that follow, your attorney and the DA may reach an agreement where you plea and are put on probation. After the deal is settled, you are placed on formal probation, but throughout the process you were never booked into jail. Rather, you may be fingerprinted by the Probation Dept, but you aren't actually booked into jail. This sort of thing plays out rather often, as it saves room and manpower in the already overcrowded jails.
2007-07-15 18:03:31
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answer #2
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answered by Max 2
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Oh yes. You would have to have been arrested, booked (finger printed, picture taken), go to court several times, and settle on a plea before you get probation - they just don't give out probation the day you commit the crime
2007-07-15 17:58:01
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answer #3
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answered by Daddy-o 5
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as quickly as a individual has been arrested and is in police custody, that's unquestionably interior their rights to perceive the guy (so as that they understand who they're coping with). that's important through fact this advice could help them resolve a selection of of crimes, and that's the two important to renowned if the guy arrested did not commit a undeniable crime. Fingerprinting isn't a painful technique, and courts have many times ruled that it does not infringe upon the rights of prisoners. For those motives, the police can use sensible stress to require a prisoner to positioned up to fingerprinting.
2016-12-14 10:08:40
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answer #4
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answered by ? 4
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yes you do if you are not arrested and fingerprinted at the pronouncement of judgment when the judge puts you on formal probation he will also order you to be booked and released which is your taken into custody for a couple of hours they fingerprint you and take your picture and let you go
2007-07-15 18:02:46
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answer #5
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answered by msdebrsmith 1
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probation is a time-sentence upon conviction of a crime. to be convicted of a crime, you have to actually be arrested for a crime. upon arrest for a crime, you have your finger prints taken and a mug shot taken. so.......yes, you do have to be arrested and finger printed prior to being put on probation.
2007-07-15 18:01:11
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answer #6
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answered by Anonymous
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Yes.
In addition you would have to either plead guilty to the charges, or be convicted before you would receive probation.
Probation is a punishment that you are sentenced to, just like going to jail is.
2007-07-15 18:02:33
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answer #7
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answered by Anonymous
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Not if it is for double-secret college probation. I was on that back in 1971 and our dorm was an awful lot lik Animal House.
2007-07-15 18:09:21
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answer #8
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answered by Ret. Sgt. 7
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Yes, in all 50 states and a mug shot also.
2007-07-15 17:58:26
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answer #9
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answered by lcmcpa 7
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yes
2007-07-19 06:48:47
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answer #10
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answered by busted 3
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