Quick Answer

Yes. In Arkansas, you can be charged with a crime without ever being arrested. Depending on the circumstances, prosecutors may file criminal charges after an investigation, issue a court summons instead of an arrest warrant, or obtain a grand jury indictment. Although you may never be taken into custody initially, the charges are still serious and require immediate legal attention.

Can You Be Charged Without Being Arrested in Arkansas?

Many people believe police must arrest someone before prosecutors can file criminal charges. In reality, that isn’t how Arkansas criminal law always works.

Depending on the evidence available, prosecutors may file charges first and notify you later through a summons or other court notice. In more serious cases, charges may follow months of investigation before law enforcement ever makes an arrest.

Attorney Insight

“One of the biggest misconceptions we hear is that someone can’t be charged unless they’re arrested first. We’ve represented Arkansas clients who first learned about criminal charges through a court summons or notice to appearnot from being handcuffed.”

How Criminal Charges Can Be Filed Without an Arrest

Several legal processes allow prosecutors to move forward without an immediate arrest.

1. Court Summons

Instead of arresting someone, a judge may issue a summons requiring them to appear in court on a specific date.

This often happens when:

The defendant isn’t considered a flight risk.
The alleged offense is less serious.
The court believes the individual will voluntarily appear.

Ignoring a summons can result in a bench warrant for your arrest.

2. Charges Following an Investigation

Many Arkansas criminal cases begin with lengthy investigations rather than immediate arrests.

These commonly include:

White-collar crimes
Medicaid fraud
Financial crimes
Drug investigations
Internet crimes

After investigators gather sufficient evidence, prosecutors may formally file charges.

Arkansas Example

Following a Medicaid fraud investigation, the Arkansas Attorney General filed criminal charges against a former nonprofit counselor after reviewing evidence collected during the investigation. Cases like this demonstrate that criminal charges can be filed long after an investigation begins—even without an immediate arrest.

3. Grand Jury Indictments

For certain serious felony offenses, prosecutors may present evidence to a grand jury.

If enough evidence exists, the grand jury may issue an indictment that formally charges the defendant before any arrest occurs.

Prosecutor Information vs. Grand Jury Indictment

Many people assume every felony charge requires a grand jury indictment before someone can be prosecuted. However, you can be charged without being arrested in many Arkansas criminal cases. Prosecutors frequently file felony charges through a criminal information, a formal charging document submitted directly to the court rather than through a grand jury. This is one of the reasons you can be charged with a crime without being arrested, particularly after an investigation has established sufficient evidence. Understanding how prosecutors file charges helps explain how criminal charges without arrest occur and what to expect if you learn you’re under investigation.

Your Rights If You’re Charged

Being charged does not mean you’ve been convicted.

You still have important constitutional rights, including:

Right to an Attorney

If you’ve been charged without being arrested, you have the right to legal representation throughout every stage of the criminal process. Speaking with an experienced criminal defense attorney as early as possible can help you understand the charges, protect your rights, and prepare your defense.

Right to Due Process

Being charged without being arrested does not mean you are guilty. Under the U.S. Constitution, you are presumed innocent unless and until the prosecution proves your guilt beyond a reasonable doubt in court.

Right to Remain Silent

If you’ve been charged without being arrested, you still have the right to remain silent when speaking with law enforcement. Exercising this right doesn’t mean refusing to cooperate with court orders; it simply means avoiding statements that prosecutors may later use against you before you’ve had the opportunity to consult with your attorney.

Can Charges Be Dismissed Before You’re Arrested?

Yes. Depending on the circumstances, prosecutors may decide not to move forward if:

New evidence is discovered
Witness credibility changes
Evidence proves insufficient
Defense counsel presents exculpatory information early

Early legal intervention may sometimes influence charging decisions before your first court appearance.

What Happens After Receiving a Criminal Summons?

If you’ve been charged without being arrested, receiving a criminal summons can feel overwhelming. However, understanding the legal process can help reduce uncertainty and prepare you for what comes next.

A criminal summons is a formal notice requiring you to appear in court. Unlike an arrest warrant, it allows you to respond to the charges without being taken into custody immediately.

The typical Arkansas criminal procedure after being charged without being arrested includes:

Investigation
Charges Filed
Court Summons or Arrest Warrant
First Appearance
Bond Hearing
Arraignment
Discovery
Pre-Trial Motions
Trial

Every criminal case follows its own timeline depending on the nature of the charges, the available evidence, and decisions made by the court. If you’ve been charged without being arrested, consulting an experienced Arkansas criminal defense attorney early in the process can help you understand your rights and prepare for each stage of your case.

What Should You Do Within the First 24 Hours?

If you discover criminal charges have been filed, take action immediately.

Read every court document carefully.
Contact an experienced criminal defense attorney.
Preserve any evidence that supports your case.
Avoid discussing your case with anyone except your attorney.
Do not miss your scheduled court appearance.

Small mistakes early in a criminal case can create unnecessary legal complications later.

Common Mistakes We See

Based on our experience representing Arkansas clients, some of the most common mistakes include:

Ignoring a court summons
Speaking with police without legal counsel
Posting about the case on social media
Contacting alleged victims or witnesses
Waiting until after the first court date to hire an attorney

Avoiding these mistakes may help protect your legal rights and strengthen your defense.

Frequently Asked Questions

Can you be charged without being arrested for a felony?

Yes. Prosecutors may file felony charges through a criminal information or grand jury indictment before an arrest occurs.

Will I know if charges have been filed?

Usually. You may receive a summons, notice to appear, or learn of pending charges during an investigation or traffic stop.

Can police arrest me after filing charges?

Yes. If you fail to appear or a judge issues an arrest warrant, law enforcement may later take you into custody.

Can charges be dropped before trial?

Yes. Prosecutors may dismiss charges if evidence changes, witnesses become unavailable, or legal issues arise.

Arkansas Legal Resources

Helpful resources include:

Speak With an Arkansas Criminal Defense Attorney

Whether you’ve received a court summons, recently learned you’re under investigation, or discovered criminal charges have already been filed, speaking with an experienced attorney as early as possible can make a significant difference.

At Digby Law, Attorney Bobby Digby represents clients throughout Arkansas facing felony and misdemeanor charges. Early legal guidance may help protect your rights, preserve important evidence, and identify opportunities before your first court appearance.

Can You Be Charged With a Crime Without Being Arrested? What Arkansas Law Says