Imagine going about your daily life, completely unaware that criminal charges have been filed against you or that a court has issued a warrant for your arrest.
It may sound like something from a legal thriller, but it can happen. Communication breakdowns between law enforcement, prosecutors, courts, and individuals can sometimes leave people unaware that they are facing criminal charges.
I've represented clients who discovered outstanding charges only after an unexpected encounter with law enforcement.
How Can You Be Charged Without Knowing?
After an encounter with law enforcement, you may assume that if you are not arrested or given a court date, the matter is over.
Unfortunately, that is not always the case.
Prosecutors may review an investigation and file criminal charges weeks or months after the initial incident.
Depending on the circumstances, notices may be sent to an address previously provided to law enforcement or obtained through other records.
If you've moved or your contact information is outdated, you may not receive important court communications.
In certain circumstances, a failure to appear or an inability to serve a summons can result in a warrant being issued.
The next time you encounter law enforcement, even during a routine traffic stop, you could discover that you have an outstanding warrant.
Real Cases: When Criminal Charges Come as a Surprise
I've encountered situations like this firsthand.
The Unsuspecting Client
In one case, I was conducting a public records search involving a potential client who had contacted me about a personal injury matter.
During the search, I discovered an active felony case that the individual knew nothing about.
He remembered the underlying incident but had never received notice that criminal charges had been filed.
The Decade-Old Warrant
In another case, I represented an individual facing allegations stemming from an incident that had occurred nearly ten years earlier.
In the years since, he had made significant changes in his life, including seeking substance abuse treatment and relocating across the country.
While traveling in another state, he was stopped for speeding and arrested on an outstanding Arizona felony warrant.
He had been unaware of the pending case.
He was extradited back to Arizona and remained in custody for more than a month before we were able to resolve the matter.
These experiences illustrate how a criminal case can remain unresolved long after the underlying incident and why it is important not to assume that the absence of communication means the matter has been closed.
Why Are Criminal Charges Sometimes Filed Months Later?
There can be a significant delay between an initial police investigation and the formal filing of charges.
Several factors may contribute to this delay.
Ongoing Investigations
Law enforcement and prosecutors may need additional time to gather evidence, interview witnesses, or review reports before deciding whether to file charges.
Felony Charging Procedures
In Arizona, felony charges generally proceed through a grand jury indictment or a complaint followed by a preliminary hearing process. These procedures can take time.
Administrative Delays
Court and prosecutor workloads can also affect how quickly cases progress.
Forensic Testing
DUI and drug-related cases may require laboratory analysis of blood samples or other evidence. Depending on testing demands, these results may take weeks or months.
This means that even if you haven't heard anything since an encounter with law enforcement, criminal charges could still be under consideration.
How Long Does Arizona Have to File Criminal Charges?
Arizona law establishes time limits for filing most criminal charges.
Generally:
Misdemeanors: One year.
Class 2 through Class 6 felonies: Seven years.
Petty offenses: Six months.
However, these limits are subject to important exceptions.
Certain serious crimes have no statute of limitations, and circumstances such as a person's absence from Arizona may affect how the time period is calculated.
The applicable deadline can also depend on when the offense was discovered or reasonably should have been discovered.
These limitations govern when prosecution may be commenced. They do not necessarily mean an existing criminal case or outstanding warrant disappears after the listed period.
For more information, see Arizona Revised Statutes ยง 13-107.
What Should You Do If You Think Criminal Charges May Be Pending?
If you have had contact with law enforcement and believe there is a possibility that criminal charges may be filed, taking proactive steps can help you avoid an unexpected situation.
A criminal defense attorney may be able to check available court records, communicate with the prosecutor's office when appropriate, and help you understand whether charges have been filed.
When charges are pending or anticipated, an attorney may also be able to coordinate an appropriate court appearance or explore other options for addressing the matter.
Although an attorney cannot guarantee that a warrant will be avoided, addressing potential charges early may provide more opportunities to manage the situation.
Speak With a Flagstaff Criminal Defense Attorney
Discovering that you are facing criminal charges or an outstanding warrant can be overwhelming, especially if you had no idea that a case existed.
At Campbell Law, attorney Rhys S. Campbell represents individuals facing misdemeanor and felony charges throughout Flagstaff and Northern Arizona.
If you believe you may have pending criminal charges, have discovered an active warrant, or are unsure what happened following an encounter with law enforcement, Campbell Law can help you understand your options.
Schedule a consultation with Campbell Law to discuss your situation and possible next steps.
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Criminal procedures, statutes of limitations, and warrant requirements vary depending on the facts of each case. Reading this article does not establish an attorney-client relationship.
