QUESTION

Can they legally charge me and set up a court date for an incident i was never questioned on or arrested for?

Asked on Mar 20th, 2014 on Criminal Law - Iowa
More details to this question:
I received a letter in the mail from the city court house stating I had to appear in court on specific date. The letter contained a case number but did not say what it was for. I looked it up online and said I had to appear in court for assault. Prior to this court notice I was not contacted by any police, questioned about the incident or arrested. I am assuming it was over an argument at a bar that may have lead to someone getting hit. Everyone at the bar was intoxicated and nobody actually saw the supposed victim get hit. Through hearsay I was told after I had left the bar that night, police showed up and spoke with the supposed victim and their friends. The "victim" claimed I assaulted her but she had no marks. This said incident happened three months ago. I was never once questioned, arrested or informed by the police. I only learned of my supposed guilt from the court appearance letter. The victim and I had arguments prior to this after she confused me with someone else.
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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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

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