Can my son be charged with anything if he was not taken to the police station, photographed or fingerprinted? 53 Answers as of December 14, 2011

Your son does not have to be read rights to be arrestd, It sounds like he was questioned and released. If you have not received a court date or any other information regarding this incident don't ask for same. It would appear that the police have either let this one go (good news) or they are planning to take the matter directly to the grand jury for indictment (bad news) Much of what happens would likely depend on what charge the police would have been pursuing.

Sure. And Miranda rights only pertain to the admissibility of a confession.

Yes. He will only get Miranda if he is asked questions. No questions no Miranda.

The only person who can determine if criminal charges are brought is the prosecuting attorney. Under these circumstances, your son could be charged. If he is, he should obtain the assistance of a competent criminal defense attorney who can review the matter for possible defenses.

Yes. It often happens that police provide a felony arrest warrant request from the prosecutors office when felonies are alleged. Depending on the severity of the charge, warrants can take up to six weeks to be issued-sometimes longer.

The short answer is that he of course can still be charged with an offense. There is no requirement that police charge someone the moment the get done questioning the person. However, the more time that passes, the more likely that there will not be a charge. It is common for the police to put their information into a Petition which is forwarded to the prosecutor's office. This is then reviewed for possible charges. If there is sufficient evidence and desire to charge, then the Petition will be signed and a proceeding will begin with the Court. If not, then the matter may be put aside and no proceedings will follow. Your concern over fingerprints, miranda, pictures are all administrative concerns. The failure to do these things does not prevent a case. After all, he could be taken into custody now and all of those things could be done now. So these concerns, which may or may not have an impact later, do not determine whether or not the prosecutor "can" bring a Petition or criminal charges.

Yes. The earlier contacts may be relevant for your son's defense but not to whether he can be charged.

Sounds like he may be charged in Family court as a juvenile offender, which explains why the processing is somewhat different. Nevertheless, normally most people in custody are not given polygraphs or necessarily even read their rights.

He can always be charged. However it sounds like the police think he may have committed a crime but they are still gathering information. Your son should not make any statements to the police.

Yes, he can still be charge prior to the running of the statute of limitations as long as there is probable cause to believe he committed a criminal offense. The fact that he was not photographed or fingerprinted, and signed no papers does not provide a defense to the case. As long as your son voluntarily went to the police station for questioning and was not under arrest, no Miranda warning was required prior to questioning.

Yes. The fact that your son wasn't booked (photographed and fingerprinted) at that time doesn't mean that he won't be charged at some point in the future. The police can still be conducting their investigation. Nonetheless, just because your son has not been charged at this point doesn't mean you should just wait. Given that the police are investigating your son, I would suggest you hire an experiences criminal defense attorney to represent your son. Depending on the facts and circumstances involved, the right attorney might be able to avoid charges against your son altogether.

Of course he can. There is no requirement that someone be taken to the police station, be photographed, or fingerprinted in order to be charged. As long as an investigation is pending, they don't have to do any of that. Hire a lawyer for him before he does something he will regret, such as incriminate himself further.

Certainly yes. The police are likely investigating what charges, if any, that they are going to present to the prosecutor. This could take a whole.

Yes, they do not have to book someone to charge them with a crime. Further, the miranda issue may only be a means to throw out any of his statements but it does not sound like he was in a custodial interrogation but it depends on all the facts and circumstances.

Yes, he can be charged with a felony anytime between the date of the offense and the date of the "statute of limitations", which varies, depending on the crime charged excepting murder where there is no statute of limitations.

Sure, he could still be charges. If your son is looking at 2 potential felony charges, depending upon what those charges are, I suspect that the detectives are investigating the matter and putting their case together for referral to the prosecutor for the filing of charges. Not knowing the facts or what the 2 felonies are, I have no way of telling you how long it might be before charges are filed.

Yes, he can be charged at a later date. The police would forward the information to a prosecutor and they would then decide to file charges. Sound like the police just had a consensual conversation with your son which does not require them to read him Miranda rights, photograph him or fingerprint (paint) him.

Yes. Until the statute of limitations has run, which is at least a few years depending on the crime, he can still be charged. But it's somewhat less likely that he will be as time goes along. You might want to talk to an attorney about the process and about your options.

Anybody can be charged as long as the statute of limitations have not yet expired on the crime they are being charged with. He would only have to be read his Miranda rights if he was in police custody and was being interrogated or asked potentially incriminating questions. It's determined on a case-by-case basis. Have an experienced criminal attorney review the police reports and case file and make sure your son has good representation. If you have any court dates coming up, the court should notify you.

Yes, until the Statute of Limitations expires.

Yes. The case may be still under investigation or in some jurisdictions be under review by the prosecutor and the charge may still be filed.. The question does not refer to the type of charge. The individual may face a charge in a juvenile court or, if the statutory requirements are substantiated for a serious offense, be certified as an adult and charged as an adult in the regular circuit court.

Without knowing the details, it's hard to give you definitive answers. The short answer is yes, your son could still be in a lot of trouble. Miranda rights are probably irrelevant since your son was not under arrest at the time he made statements. Technically, he was free to get up and walk out of the interview at any time (Miranda rights are very complicated, and even more so when minors are involved). It sounds like the case is still under investigation. Once the police finish their investigation, it will be turned over to the DA for a decision re: whether or not to charge your son with a crime and, if so, which crimes to charge him with (that decision is not made by the police).

Call a bail bondsman and see if he has a warrant. The police could have just been investigating him, but had the wrong guy.

Depending on how old your son is the prosecution will review the incident report and decide if he will be charged in adult court or in juvenile court. The prosecution can take up to a year to make decision to charge your son. Your son does not have to be taken to the police station, read his Miranda rights, photographed, or fingerprinted by the police for him to be charged with a crime.

Absolutely. Many criminal cases begin with a summons arriving in the mail without an arrest. Depending on your son's age, he will either be handled by the juvenile courts or the Superior Courts. Depending on the allegations, and your son's age relative to 18, it could go either way. What will happen is the prosecutors' office will review the police reports to determine if probable cause to charge exists. If so, your son will receive a written summons to appear in court. If he fails to appear, he will be arrested. A felony charge is a serious matter; especially if it is a crime of violence, a sex offense or kidnapping. Many felonies can be expunged in a matter of years. A juvenile record may be sealed if your son jumps through the right hoops and stays out of trouble. The felonies I mention cannot be erased. It is unfortunate that your son was not provided counsel before the police interviewed him. He may have made some harmful admissions. It is extremely important that you hire an experienced criminal defense attorney to defend your son and to stop the hemorrhaging of evidence. Your son must not talk about this with anyone but his attorney.

Yes, he can. It may well be that the police are continuing to investigate and need more information before charging him. On the other hand, they may have only wanted to talk to your son not as a suspect in any crime, but as a witness. Unfortunately, it is not uncommon for the cops to be heavy-handed, especially with juveniles. My guess is, though, that if they had enough evidence they would have arrested your son at the time of his interview; most certainly, at that point they would have had to read him his Miranda rights if they wanted to use his statement against him at trial. The statute of limitations in most felony cases is three years; for misdemeanors, it's a year. This means that as long as your son is not in custody, they have that long to file charges, if at all. Should the cops come calling again to interview your son, I would suggest getting a lawyer and not having him talk to them without his lawyer being present. At that point, the matter has every indication of becoming more serious and the assistance of a good criminal defense attorney is strongly advised. A lawyer can also help determining the nature of the investigation and whether or not charges are pending.

There is no requirement that a person be arrested in order to charge them with a crime. Your son is (at the very least) under investigation for felony charges. It's time to sit down with a criminal defense attorney to discuss the case and whether or not charges are likely or imminent.

Yes. It is not necessary for your son to be booked in order to be charged. Charges may always be filed at a later date.

Yes, the police may still charge him. Although, it is possible that they will not be able to use any of his statements against him if they did not follow correct procedures. Still, you and your son should be ready for the worst. Have the name and number of an attorney that handles juvenile criminal cases on hand and ready to go - and don't talk to the police.

Yes. Charging, at the felony level, is a decision for the prosecuting authority in your area. The police investigate a complaint then turn their results over to the prosecuting authority. The police officer was likely telling you that he/she would recommend to the prosecuting authority that your son be charged with 2 felonies. It is possible that the prosecuting authority has not as yet decided whether to charge. It is also possible that it just takes time for the charging to make its way through the system. Booking (photographing & fingerprinting) may well not take place in a juvenile case until the first appearance in court. The failure to read Miranda Rights may be an issue later in the case. If not done properly, any confessions made by your son may not be admissible as evidence at trial.

Yes he can be charged as a juvenile delinquent. The juvenile charges will not remain on his record as he becomes an adult. If he is charged he will likely qualify for a diversion or court appointed attorney. He should not make any statements to anyone he should remain silent.

Yes, he can still be charged at anytime within the statute of limitations which is 2 years for a misdemeanor and 5 years for a felony.

He can be charged within 5 years on a felony if they get enough evidence to either indict or arrest a defendant.

The police can develop their case more and charge him I'm the next year. Being booked and being charged are different things with separate criteria.

Just because he was not charged or processed immediately does not mean he cannot be charged. He may be charged by warrant, or more likely by complaint & summons requiring him to appear in court.

Yes, your son may be charged. Miranda warnings only apply to "custodial" interogations. The only remedy for failure to read miranda advisements is the suppression of your son's statements. If there is sufficient evidence to give probable cause to charge an information, they will likely do so. If your son went to the police station voluntarily, miranda may not apply. There is no statute of limitations on charging a crime in Wyoming. Someone may be charged with a crime years later.

Yes. He will likely be charged by citation or petition by mail giving a future court date. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation.

He can be charged at a later date. They have 7 years to file felony charges in Arizona. A lot of times they will wait until the juvenile turns 18 and then file them. You should get a Summons in the mail when that happens though.

Yes. On a felony there is a five year statute of limitations unless it is a more serious felony such as murder, which has no statute of limitations.

Sure he can be charged but the State must still prove the case in Court. Juvenile complaints usually take a couple of months to be served as the complaint is sent to the Family Court and the Family Court sends it to the Prosecutor's Office and then the Prosecutor's Office sends it back to the Family Court with the proper charges and then the Family Court sends the complaint to the juvenile and his family.

Yes. There could be a complaint which has been filed and is on it's way to your house.

Yes. Juveniles are charged using "petitions" which are usually served later. They are not booked like adults but instead usually released to a parent from the Juvenile Intake office. So the case may still go forward. Son should say nothing.

Yes the police may continue their investigation and prosecute your son at a later time once they believe they have enough evidence. Depending on what they are accusing him of, there is a Statute of Limitations that controls the maximum length of time in which they can arrest him.