Can I Be Charged for a Crime Without Being Arrested?

Many people assume that if they haven’t been arrested, they’re not in legal trouble. But in Florida, you can absolutely be charged with a crime without ever being taken into custody — and those charges can be just as serious as if you had been arrested on the spot.

At The Bonderud Law Firm, we regularly represent individuals who find out they’ve been charged with a crime after the fact. Here’s what you need to know if this happens to you.

How Can You Be Charged Without Being Arrested?

There are several ways criminal charges can be filed without an arrest:

1. Filing of an Information by the State Attorney
   • After law enforcement investigates a case, they submit it to the prosecutor’s office.
   • The prosecutor may decide to file formal charges (an “Information”) even if you were never arrested.
   • You may receive a summons to appear in court instead of being arrested.
2. Issuance of a Capias (Arrest Warrant)
   • If charges are filed and the court issues a capias, law enforcement may arrest you later — even if the alleged offense happened weeks or months ago.
3. Grand Jury Indictment (for serious felonies)
   • In rare cases, especially for high-level felonies or public corruption, charges are filed via grand jury indictment — again, with or without an initial arrest.

What Should You Do If You’re Notified of Charges?

If you receive a notice to appear, summons, or learn that a capias has been issued for your arrest:

✅ Do NOT ignore it — failing to appear will lead to a warrant for your arrest
✅ Do NOT contact law enforcement or the prosecutor yourself
✅ DO contact a criminal defense attorney immediately

In many cases, your attorney can:

• File a Notice of Appearance and waive your initial court appearance
• Help arrange a surrender that avoids a public arrest
• Begin preparing your defense before the case picks up momentum

Why This Situation Can Be an Advantage

If you haven’t been arrested yet, you may be able to intervene early:

• Present favorable evidence to the prosecutor before they commit to charges
• Negotiate a diversion program
• Secure a favorable bond arrangement
• Begin gathering witnesses and documents while the case is fresh

Charged But Not Arrested? Don’t Wait for the Knock on the Door

Just because you haven’t been cuffed doesn’t mean you’re safe. Charges can be filed quietly — but the consequences are real.

At The Bonderud Law Firm, we move quickly to protect your rights and control the narrative. If you’ve learned you’re facing criminal charges, contact us today to schedule a consultation.