Is it possible to be sentenced without ever being arrested?
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Is it possible to be sentenced without ever being arrested?
Did attending the initial hearing take the place of being arrested? I have no arrest date. DUI with injury. I was taken to hospital, officer came and took statement – no arrest or Miranda warning. Nearly 3 years later, charges filed, no arrest, initial hearing took place, license revoked , plea bargain reached. Currently awaiting sentencing hearing, but still not arrested. Is this possible?
Asked on August 18, 2010 under Criminal Law, Indiana
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The short answer to your question is no, this is not possible. What you probably do not realize is that an "arrest" can technically take place without you being handcuffed, or even brought down to the police station for booking. In other words, anytime an officer writes a ticket, even for speeding or failure to use a turn signal, that is technically an arrest. Therefore, at whatever point you were cited for DUI by the police department and the charges were transferred to Court an "arrest" had technically taken place, even though it might not have fit the normal definition of the word. In any event, it is these types of issues that are often not known by the general population that make the criminal justice system difficult to navigate and also make the help of an experienced criminal defense attorney invaluable.
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