Can you be charged without being arrested?

Answer 1

In a word... YES but you must understand the definition of arrested. The simple act of being stopped and/or issued a summons or citation even if it's mailed to you days or weeks later constitutes an "arrest". However, most people seem to think that unless they are placed in handcuffs and driven away in a police cruiser they were not arrested.

Another View: The above definition of arrest is incorrect. The legal definition of arrest follows: "An arrest is the apprehension or detention of a person in order to answer for an alleged or suspected crime."

While private citizens can NOT "press charges," they CAN appear before a judicial officer or the prosecutors's office to swear out a complaint which is then served upon the individual named in the complaint which amounts to a court summons to that named person to appear in answer to the sworn complaint.

The actions described in the original answer amount to the issuance of a "Summons To Appear" which is NOT the same as being physically apprehended and taken into custody and presented to court.

The original definition is brief but accurate... the act of being stopped (detained) constitutes and arrest if a summons or citation follows. Detention does NOT require physical custody. In PA a "citation" for Disorderly Conduct shows up on your rap sheet as an arrest just like a physical arrest for Aggravated Assault. Granted they are not graded the same (at least not until the DA pleads the Agg Assault down to DC). You can even receive a summons or Citation for what can eventually become a felony charge without ever having been physically arrested. Take a 3rd or subsequent 'retail theft' offense. You can be cited and ordered to appear for finger printing, never physically taken into custody, then when the prints come back. weeks later, showing a positive ID with previous Retail Theft convictions you are ordered (summoned) to appear before a magisterial judge and charges of Felony retail theft will be bound over to Common Pleas court at this point you are arrested but still not necessarily physically as often times bond even ROR bond is set and posted. Your last sentence, while technically correct from a definition standpoint will still have the same end result if convicted and show up as an arrest.

Answer 2

No because you must be notified of your wrong and if you break the law you must be in custidy.

Answer 3

Define 'charged.' If you mean arraigned - no. But you can be 'charged' with the commission of a crime before being arrested for it. Grand Jury indictments are one example.

Answer 4

Certainly.