• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I Need to Be Arraigned to Be Charged in DC?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

klemede

Junior Member
Three years ago, Metro Transit Police in DC served me a citation for fare evasion, a misdemeanor offense. The citation gave me the option to either appear in court or pay a fine. I paid the fine. I do not remember what I was thinking at the time, and now worry I plead guilty to a misdemeanor. If I was never arrested or arraigned in DC, could I still have been charged? If I was charged, could I have plead guilty by virtue of paying a fine?
 


FlyingRon

Senior Member
Charging comes before the arraignment. If you paid the fine, you plead guilty of the crime and waived all court process. Enjoy your criminal record.
 

klemede

Junior Member
I called DC Courts today (their judicial branch), and they have no record that I was ever convicted, had a case papered where I was a party or ever interacted with them in any way. This has been quite an enriching experience for me.

Anyway, let's continue to discuss this topic for the benefit of others.
 

HighwayMan

Super Secret Senior Member
I'm wondering if a criminal history would agree with what the court system told you.

What exactly were you charged with and under the laws of what entity? I don't want to assume it was DC as the Transit Police also have police powers in MD and VA. Maybe you were charged with something that was not a misdemeanor, or maybe by entering a guilty plea you did so to some other charge.
 

klemede

Junior Member
I'm wondering if a criminal history would agree with what the court system told you.

What exactly were you charged with and under the laws of what entity? I don't want to assume it was DC as the Transit Police also have police powers in MD and VA. Maybe you were charged with something that was not a misdemeanor, or maybe by entering a guilty plea you did so to some other charge.
It is strange the court has no record of me, but not really surprising. No criminal record turned up in any of the background checks I ran against myself, either.

I was definitely in DC at the time, and I have no memory of this citation (and only a vague memory of the incident itself). I forgot about this whole incident entirely until last week, when I filled out a background check for a public sector job I am applying to. I must have thought paying the fine on the citation was no big deal at the time. Had I realized I would be convicted of a misdemeanor, I would have done everything in my power to fight it.

There are two theories:

1. The gentleman I spoke with at the court suggested I was charged with a violation.
2. More likely is that I forfeited collateral, which seems to be what everyone else cited for fare evasion in DC has done. DC allows those charged with certain misdemeanors to post monetary collateral to the court, whereby the court dismisses all charges against you. The court also does not recognize your forfeiture as an admission of guilt. It is essentially paying to have your case dropped. If I did this before an arraignment (when a court case is first papered), then I would have no public court case. The citation may still exist, but I doubt the public can easily find it.

So I'm taking the suggestion of the gentleman at the courthouse, and will not worry if I have a crime on record with them. He, my family, and my friends all think I am paranoid and a bit nutty.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top