Q: Can I be charged with driving with out consent even though I was arrested and let go because mom didn't want to press?
My parents file a sheriffs report in Perry County that I had their car to long. I was pulled over and arrested the next day in Franklin County and upon arrest I was released because my parents ultimately just wanted there car back and didn't want to press charges. Well 4 days later a Perry county sheriff deputy brings me papers that the state of Ohio is wanting me to go to court for driving without consent! But I was already arrested and let go without any charges so how could I be taken to court? Isn't that some type of double Jeopardy or what?
A: Police are not required to charge you immediately following a situation. There are limitations periods by statute: 6 months to charge a minor misdemeanor, 2 years for a misdemeanor, 6 months for a general felony, etc. As with the situation you described, there are often questions as to whether or not a person will be charged based on the circumstances and people involved. The officers report the matter to their local prosecutor, who has the ultimate authority to decide whether or not to charge someone.
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