Can You Be Charged Without Being Arrested in Tennessee?

Many people assume that if they have not been arrested, they are not in legal trouble. That’s not always the case. In Tennessee and other states, you can be formally charged with a crime without ever being arrested. While it may seem unusual or unfair, it is perfectly legal—and the consequences are very real. If you are facing charges, you need experienced criminal defense representation right away. Acting quickly can make a critical difference in protecting your rights and your future.

How Criminal Charges Without Arrest Work in Tennessee

In Tennessee, there are two main ways you can be charged without being taken into custody: receiving a citation or having a warrant issued against you.

Citations – A citation is an official notice charging you with a specific offense and requiring you to appear in court. Citations are commonly issued for misdemeanors and minor infractions such as shoplifting, public intoxication, or traffic violations. They allow officers to formally charge you without going through the process of an arrest.

Exceptions: Some offenses, like DUIs and domestic assaults, always require an arrest. DUIs involve a mandatory four-hour hold, while domestic assault laws mandate an arrest to ensure victim safety.

Warrants – A warrant may also lead to charges without an immediate arrest. Under TN Code § 40-6-205, a judge can issue a warrant if there is probable cause that a crime has been committed and you are the suspect. Warrants are often based on sworn statements or affidavits from law enforcement or prosecutors.

Whether it’s through a citation or a warrant, these actions place you under the authority of the court system—even if you have not been handcuffed or booked into jail.

Next Steps

If you learn you have been charged with a crime in Tennessee but not arrested, follow these key steps:

• Contact a criminal defense attorney: Hire an experienced attorney right away to protect your rights, guide you through the process, and represent you in court
• Do not ignore the citation or warrant: Failing to appear can lead to additional charges, fines, jail time, or license suspension
• Avoid discussing the case: Only speak to your attorney. Anything you say to others, even on social media, can be used against you
• Don’t talk to the police: Do not make statements or admit guilt. Exercise your right to remain silent until your attorney is present

Protect Your Rights if You’re Charged Without Arrest

Being charged without arrest can feel confusing and overwhelming, but you don’t have to face it alone. Tennessee law allows citations and warrants to be issued and enforced even without an arrest, and the consequences can be severe.

David L. Scott is here to protect your rights and build a strong defense on your behalf. Call (615) 896-7656 or contact us online to schedule a consultation with an experienced Murfreesboro criminal defense attorney today.