Asked 6/17/2016 – Rockwall, TX

I was in a motorcycle accident in Fate, Tx in which a Rockwall Texas police officer witnessed. After I landed from flying through the air the officer jumped on me and put me in cuffs. The EMT’s said I needed to go to the hospital, I ended up with a broken shoulder, hip and pelvis. While I was being put on the stretcher the same officer brought what looked like a pencil bag, one that a child uses for school, and asked if it was mine, which it was not. He never opened the bag or showed me the bag contained anything inside. About 3 months later I received a single page letter from Rockwall courts stating I have been indicted on 40 some odd grams of meth. Then in April I received a warrant for possession of a gun for the same day of the accident. How can I be indicted or charged with something that I was never arrested for or cited for?

Answer

A person does not have to be arrested at the time of an alleged offense to be charged with an offense, be it felony or misdemeanor. If an officer believes he or she has probable cause to make an arrest at the time of the event, it may be done. If no arrest is made at the time, the officer also has the right and duty to investigate any potential crime, gather whatever evidence is available, then turn over the evidence to the District Attorney so the case can be presented to a Grand Jury. If an indictment is handed down, a warrant will be issued if no prior arrest had been made. You have serious charges pending; call a local attorney soon.