Yes. An arrest and a charge are two different things. In California, the District Attorney can file charges and summon you to court without ever arresting you.
That gap — the pre-filing window — is one of the best opportunities in a case.
Arrest vs. Charge
An arrest is being taken into custody by police. A charge is the prosecutor’s decision to file a criminal complaint. The DA reviews the reports and independently decides whether to file — and can do so whether or not you were ever arrested. Many people are cited and released, then charged later.
How It Happens
You might get a notice to appear, a letter, or a call telling you a case has been filed and a court date set. Missing that date triggers a bench warrant, so a notice is not something to ignore. In some cases, the first you hear is a summons in the mail.
The Pre-Filing Opportunity
If you know a case may be coming — police took a report, an incident is under review — the smartest move is to get a lawyer before charges are filed. Pre-filing advocacy can present exculpatory facts, mitigation, or a resolution to the prosecutor, and sometimes head off the charge entirely. Once it is filed, that window closes.
Frequently Asked Questions
Can you be charged with a crime without being arrested in California?
Yes. An arrest and a charge are different. The District Attorney independently reviews the police reports and decides whether to file a criminal complaint — and can do so whether or not you were ever arrested. Many people are cited and released, then charged later.
What is a notice to appear?
A notice to appear is a document telling you that a case has been filed and a court date has been set. Missing it triggers a bench warrant, so it should never be ignored. In some cases, the first notice is a summons in the mail.
What should I do if I think I'll be charged with a crime?
Get a lawyer before charges are filed. Pre-filing advocacy can present exculpatory facts, mitigation, or a resolution to the prosecutor and sometimes head off the charge entirely. Once the case is filed, that window closes.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com