Every criminal case will begin with an arrest, but that does not mean that every arrest will lead to criminal charges. Some people that are arrested will later find out that they are not facing criminal charges. Why does this happen? Here are some of the situations where you can be arrested but not charged with a crime:
The Victim’s Request
The victim of the crime does not get to decide if criminal charges will be filed against a defendant—that’s the state’s job. But, the victim can still influence whether or not the defendant is charged. For example, the victim can make it clear that she will not cooperate with investigators if charges are filed. If this happens, the state may no longer have enough evidence to use against the defendant so they may decide not to file charges.
The prosecutor will probably not file charges against the person that has been arrested if he realizes that the evidence cannot be used in court. For instance, evidence that was found in an illegal search cannot be used against the defendant. If this is the only evidence the state has to prove its case, the prosecutor will not file charges.
If new evidence quickly comes to light that proves you’re innocent, criminal charges may never be filed against you. This usually happens when a witness comes forward after your arrest to clear your name.
A prosecutor can decide not to file charges against someone that has committed a minor crime. Prosecutors often do this when the person that has committed the minor crime has no prior record and does not seem as if he is a threat to the community.
Lack of Evidence
The state has very limited resources, so prosecutors do not want to waste valuable resources on a case that is unwinnable due to lack of evidence. Therefore, criminal charges will not be filed after an arrest if the state believes that they do not have enough evidence to convince a jury of your guilt.
If you have been arrested, it’s important to remain calm and remember that getting arrested does not always mean that you are being charged with a crime.
Get in touch with a criminal defense attorney immediately following an arrest—even if you have not been charged with a crime yet. The criminal defense attorneys at Reisch Law Firm will immediately step in and begin aggressively defending your rights. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.