Understanding Charges: Arrest Not Always Required First
Do you have to be placed under arrest before the charges get filed? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by talking about when charges can be filed versus when you’re placed under arrest.
Here’s the short version: you don’t have to be cuffed and hauled downtown for charges to get filed against you. It happens all the time that law enforcement wants to gather more evidence first, so they might let you go with a warning like “don’t leave town.” Or sometimes, the crime is reported, an investigation happens quietly, and then — surprise! — you find out charges were filed later, without ever being arrested.
Charges Can Be Filed Without Arrest
I’ve seen plenty of cases where clients didn’t even know they were being charged until after the paperwork was already in motion. Now, sometimes people do get arrested during the investigation. Cops might call and say, “Hey, we just want to ask you a few questions about something that happened…” If that happens, listen closely: do NOT talk to them. If you think you might be a suspect, call me first.
Most of the time, if law enforcement calls to chat, it’s because they don’t have enough to arrest you — don’t help them get there faster.
Case Experience and Best Practices
I had a case a while back where my client was being investigated for allegedly fathering a child with someone underage. He wasn’t arrested right away, but law enforcement started sniffing around. He hired me during the investigation, and I helped him negotiate when and how charges would be filed, how he’d turn himself in, and even got a bond reduction so he could afford to get out and help with his defense.
Bottom line: Yes, charges can be filed before you’re arrested, and if that happens, a warrant is likely on its way. If you think something like this might apply to you, call me before law enforcement calls you.
Contact Us for a Strategy Session
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy. If you’re concerned about potential charges or need legal advice, please don’t hesitate to reach out to us. Call us at 918-879-1681 today to schedule a low-cost initial strategy session and learn how we can assist you in navigating these complex legal matters.
