Why You May Be Arrested But Not Charged With A Crime


Not everybody arrested on suspicion of a criminal act ends up getting charged with a crime. Even if you aren't innocent, there are routes your arrest may take that do not involve official criminal charges. Here are a few examples of such routes:


You may escape a criminal charge and trial if your case is diverted out of the criminal court system and designated for mediation. A facilitator will work with you and the complainant to discuss the accusations and solve it out of court.

Some jurisdictions allow such routes so that the courts aren't bogged down with cases that can be handled elsewhere. Of course, this option is only available for minor cases, often which do not involve violence. For example, you may be a candidate for mediation if you have been charged with harassing your neighbors but not assaulting them with a deadly weapon.

Civil Compromise

Another way in which you may escape criminal charges is if the court opts for the civil compromise, which involves reimbursing the victim for damages. Some cases cannot end in civil compromise; the requirements vary by jurisdiction. It's common, however, for states to restrict civil compromise to misdemeanors and cases where the same criminal act creates both a civil and criminal liability. For example, stealing someone's laptop is constitutes a criminal act, and the victim can also sue the perpetrator in civil court for damages.

Testimony against another Suspect

In some situations, you may avoid criminal charges by agreeing to testify against another suspect. Prosecutors may opt for this route if they are convinced or:

  • You have important information about the other suspect.
  • Prosecuting the other suspect will be difficult without your testimony.
  • You committed a minor crime.

Dismissal Due to Lack of Evidence

Finally, you may also escape criminal charges if the prosecution fails to get enough evidence against you. This may happen, for example, if the police had probable cause (reasonable suspicion that you committed a crime), but then fails to find enough evidence to tie you to the crime. The prosecution may let you go if it is convinced of its inability to prove your case in court.

Having a criminal charge on your record may bar you from accessing certain jobs, going to certain places, or even getting educational scholarships. That's why it's in your best interest to being charged with a crime after an arrest. Help yourself by reaching out to a criminal defense attorney as soon as you are arrested. The lawyer will analyze your case and discuss with you the available options. 


30 March 2016

Maximizing Compensation in Accident and Injury Lawuits

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