Is it possible to be sentenced without ever being arrested?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption