Can You Be Charged with a Crime in Illinois and Not Arrested?

 Posted on July 15, 2025 in Criminal Law

Most of us assume that if we are charged with a criminal offense, we will also be arrested. That may or may not be the case in Illinois. Depending on the crime and the circumstances, you could potentially face criminal charges without ever being handcuffed or taken into custody. It is important that you understand how charging decisions are made and when an arrest is required.

It is also important to understand how summonses and notices to appear are issued, and what your response should be. This can help you avoid a serious legal misstep that could be difficult to recover from. An experienced Rolling Meadows, IL criminal defense lawyer is your best resource to answer your questions and ensure your rights are protected.

Charged But Not Arrested

A charge is a formal accusation of a criminal offense, while an arrest involves taking a person into custody, booking them, and potentially holding them in jail. Although charges and arrests usually go hand-in-hand, there are four specific circumstances under which you could be charged but not arrested. These include:

The Charges Are for a Minor Offense

Certain minor offenses, such as ordinance or traffic violations, will result in a citation being issued to the person, but no arrest will be made. The person who receives the citation is required to appear in court on a specified date.

Charges Can Be Filed After an Investigation is Complete

The findings of an investigation are presented to a prosecutor, who then decides whether to file formal charges against the person, even when no arrest has been made. Once the charges are filed, the person will be notified to appear in court, or a warrant will be issued for their arrest.

A Grand Jury Could Indict an Individual

In some cases, a grand jury is empaneled to look at evidence of a crime presented by the district attorney. If the grand jury returns a "true bill," or indicts, charges are filed. If the person under investigation is aware of the grand jury process, he or she may voluntarily surrender once the grand jury indicts. While fingerprinting and photographs may be taken, depending on the offense, an arrest may not be made.

A Lengthy Surveillance Period Can Delay an Arrest

Law enforcement may surveil a suspect for an extended period to gather evidence. If sufficient evidence is gathered, charges could be filed; however, like a grand jury indictment, the suspect’s attorney may be notified, and the suspect may be allowed to voluntarily surrender and be released on his or her own recognizance without being formally arrested.

Notice to Appear vs. Arrest Warrant

A notice to appear (NTA) is a much less restrictive method of ensuring a person appears in court than an arrest warrant. An NTA is a written request from law enforcement directing a person to appear in court at a specific time and place, usually for a minor infraction of the law. An arrest warrant is a court order that directs law enforcement to place a suspect under physical arrest and bring them to court.

An arrest warrant is based on probable cause that a crime has been committed and that the person named in the warrant committed that crime. A person with an active warrant can be arrested at any time. If a person is issued an NTA and fails to appear, an arrest warrant will be issued for him or her.

Contact a Chicago, IL Criminal Defense Lawyer

If you have been charged with a crime in Illinois but have not yet been arrested, it is crucial that you do not wait until the police put handcuffs on your wrists to take action.  A highly skilled Oakbrook Terrace, IL criminal defense attorney from Hartsfield Law is your very best line of defense when facing charges and a potential arrest.

Attorney Hartsfield has a diverse background, ranging from representing indigent defendants for the Will County Public Defender’s Office to experience as an educator for the City Colleges of Chicago, where he served as an instructor for pre-trial detainee courses at the Cook County Department of Corrections. To schedule your free consultation, call 312-345-1700.