Legal Question in Criminal Law in California

Felony Embezzlement charges but never arressted is that legal

My question is can the District Attorney's charge you and put you on trial when you were never arressted and booked or your miranda right's read to you.


Asked on 7/18/00, 1:18 am

2 Answers from Attorneys

Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Felony Embezzlement charges but never arressted is that legal

Hello, the short answer is yes. The District Attorney can charge you with a crime even though you have not been arrested. After investigation by law enforcement a report is forwrded to the DA who will determine whether a charge should be brought. This can be done even without an arrest. Since you were never in custody the Miranda admonition does not apply to you. Even if it did (custody & interrogation) all that would happen is the suppression of your statements. Felony embezzlement is a very serious charge that can result in considerable jail time. Call us immediately for a free consultation. 1-800-327-4652.

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Answered on 9/09/00, 11:43 am
Steven Mandell Law Offices of Steven R. Mandell

Re: Felony Embezzlement charges but never arressted is that legal

The simple answer is yes, the DA can charge you with a crime even if you were never arrested or booked. It happens all the time. The Miranda rights are never a bar to a prosecution, but may only affect the admissibility of statements that you made after you were in police custody. If you were never arrested, then you were probably not in police custody, and you were probably never questioned by the cops. Therefore, you probably never made statements in violation of Miranda. So your concerns aren't going to get you very far. However, if you're being charged with something, you certainly should have a lawyer to represent you. There may be many other valid problems with the case which can help to resolve it. Only a criminal lawyer can evaluate this for you. You should seek at least a consultation with a criminal lawyer. Many attorneys give free consultations. If your case is in Los Angeles, please call me for a free consultation.

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Answered on 9/08/00, 9:50 pm


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