You do not have to be arrested to start your criminal case. The police can issue you a citation as in your case. If the police have probable cause to more likely than not believe that a crime has been committed and that you committed the crime, they can either arrest or cite you for the crime. Of course the state must prove that you committed the offense beyond a reasonable doubt-- which is a much higher standard than for an arrest.
Answered on Apr 01st, 2014 at 3:40 PM