Can I be arrested/charged for a crime after it has already occured?

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My husband was falsly arrested for disorderly conduct this past Sunday. While he was placed under arrest and put in the cop car, the officer was being very rude and aggresive, while opening and closing her window over and over teasing and taunting us...so I opened the door to talk to her, and when we went to her supervisor yesterday to file a complaint against her, her Sgt asked who was the one who had opened the door (as he was not there) stupidly I said, "me...I was trying to talk to her"...he slapped me on the wrist and said, "never to do that as it is a felony for attempted escape and the officer may already be doing paperwork on youfor that" The officer never took my information...they do not know who I am...can they still arrest me/charge me for this "felony" after the fact?

Attorney Answers

3
Ronald Pichlik ·
Yes they can. Logically, if you think about it most people are arrested after they commit a crime. This would be a fairly "ticky-tack" attempted escape charge, but technically the officer had you in the back of the car and you needed to stay there. However, since the charge would be a felony even if she arrested you right there she would still have needed to prepare a police report and submit her report along with a request for the prosecution to charge you with a felony; the prosecution, not the police have to actually file felony charges. All you can do at this point in time is to wait and see what happens. If you do find yourself charged get yourself an experienced criminal law attorney to assist you in this, because while escape charges may seem clear the facts of your case may give rise to a particular legal defense that you would not be aware of.
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Donalda Gillies ·
Of course they could charge you later. Perhaps with a couple of misdemeanors as well. They know who your husband is, so they can certainly find out who you are. Generally speaking, it is a very bad idea to argue with a police officer or interfere with them in any way when they are keyed up during an arrest. Stand back, be quiet, observe. (If you stand way way back and record the incident with a cellphone or digital camera, this could be useful evidence.) Whether or not you are charged, consider the risk should you find yourself in such a situation again. You can file a complaint later, but such will have less impact if you yourself are charged with a crime. Indeed, filing a complaint could energize them into filing charges which they otherwise might have overlooked. I am not saying this is right or good. I am saying that these things happen. Please do not post any further information or details on this public website. Anything you say here could be used against you if noticed the the prosecutor or police. Discuss your situation only with your personal attorney in private. You may want to seek out both a criminal defense attorney and a civil rights attorney. DISCLAIMER: This answer to a short simplified question is provided solely for general informational purposes only and is not intended to provide the specific legal advice you might need to decide your future actions. It is intended to provide you, and others with similar issues, a general, common-sense overview of the situation. Please consult with a local attorney to evaluate your particular case in the depth it deserves. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
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Carlos GonzalezCriminal Defense AttorneyNew York, NY ·
yes, they can charge you... is it likely, i doubt it. you mentioned your husband was FALSELY arrested, why do you make such a statement? and if you are correct then he may have the ability to sue for this false arrest, contact our office to discuss further.
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