Can I be charged with a crime without knowing?
Asked by: Shannon Marvin | Last update: January 4, 2026Score: 4.6/5 (56 votes)
Unfortunately, in most cases, ignorance of the law does not let you off the hook if you have committed a crime. You can still be charged for doing something illegal even if you did not know that it was illegal. If you have been charged with a crime, do not delay.
Can you get charged for a crime you didn't know was a crime?
Generally, claiming you didn't know an act was illegal isn't a defense to criminal charges. For most state and federal crimes, prosecutors don't need to prove the defendant knew their actions were unlawful.
Can you be a criminal and not know it?
Yes, it is indeed possible to have a criminal record without knowing it. There are several scenarios where this could happen: Mistaken Identity: Sometimes, individuals may be wrongfully accused of a crime due to mistaken identity.
Can you be charged for a crime you don't remember?
In the criminal context, amnesia may be relevant to an offender's mental state when committing a crime (criminal responsibility), standing trial (competency), or determining the penalty (mitigating factor). But courts do not recognize amnesia as its own defense.
Is it illegal to have knowledge of a crime?
In California, as a general rule, you will face no legal repercussions for not reporting a crime that you witness or otherwise have knowledge of.
Can You Be Charged with a Crime if You Know About a Crime and Don't Say Anything?
Is it illegal to keep a crime a secret?
If you are convicted of failure to fulfill a legal duty as a mandatory reporter, you can be fined up to $1,000 and/or sentenced to serve up to six months in jail. If you willfully prevent someone from filing a mandatory report, you can be punished by a maximum $5,000 fine, a one-year jail sentence, or both.
How do I know if I have been charged with a crime?
Requesting A Warrant Check
If you suspect you have been charged with a crime even though the police have not yet contacted you, you can ask your local police department to perform a warrant check. This will uncover any charges filed against you.
Can you be charged with a crime without being notified?
Yes, you can be charged without notice. Once you were charged, the statute of limitations stopped running, so that's not going to save you. The arrest warrant was issued after an indictment was made.
Is blacking out a defense?
The Mistaken Common Belief That “Blacking Out” During The Commission Of A Crime Is A Defense. It is widely, but mistakenly, believed that if a person accused of committing a crime has no memory of their actions because they “blacked out” – they are not criminally liable for their actions. This is almost never the case.
Can you have charges against you without knowing?
There are exceptions, but the overwhelming majority of crimes don't require that the defendant know that their conduct is illegal.
Do people commit crimes without knowing?
Although many people think they've never committed a crime, the reality is that some are easy to commit given the chance. Did you know that there is a possibility that you've committed a felony without even knowing it? It's true. Even some seemingly ordinary activities could result in felony charges.
What happens if you are charged with the wrong crime?
Prosecutors can (and often do) amend charges, drop charges, or even add charges, to reflect the available evidence. However, if your conduct has absolutely nothing to do with what you've been charged with, a competent defense attorney should help your chances of dismissal or acquittal.
What is it called when you watch a crime but don't say anything?
Failure to Report a Criminal Offense
Failure to report a crime, also known as misprision of a felony, is a crime committed when someone is aware that a felony has been committed but fails to disclose it to the authorities.
Can police charge me without evidence?
Can you be charged without evidence? There are some rare instances of individuals being charged with a crime without evidence, but it is an extremely rare occasion when it comes to the California Department of Justice. The police need to have probable cause in order to be able to charge a person with a crime.
How can I prove I didn't commit a crime?
- Stay Calm and Don't Panic.
- Do Not Speak to Law Enforcement Without Legal Representation.
- Hire an Experienced Criminal Defense Attorney Immediately.
- Gather and Preserve Evidence.
- Find Witnesses Who Can Support Your Defense.
- Avoid Discussing the Case Publicly.
Is blacking out a big deal?
Blackouts can be significantly dangerous for several reasons, most especially because of memory loss and the inability to control your actions. This not only can cause severe problems at the moment, but it also may have detrimental long-term effects for those who find themselves blacking out often.
Are rage blackouts a thing?
Borderline Personality Disorder (BPD) is a mental health condition often characterized by unstable moods, volatile relationships, and intense emotional reactions. One particularly challenging aspect that can occur in individuals with BPD is the experience of rage blackouts.
Is a person awake during a blackout?
A blackout is not the same as “passing out,” which means either falling asleep or losing consciousness from drinking too much. During a blackout, a person is still awake but their brain is not creating new memories.
Can police charge you and not tell you?
Generally speaking, indictments are sealed until the person is arrested or arranges a surrender. If the DA doesn't know how to contact the person, there could be a warrant out for their arrest without them knowing they were indicted.
How do I know if I'm charged with a crime?
Call Local Police
You can also call the local police department and ask them to do a warrant check. Again, it may help to let the police know why you're checking as that influences the advice they may give you next.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
How do I know if I have a charge?
If you think you may have been charged but don't know for sure, contacting your local police department for information is one way to find out. You can ask them to conduct a warrant check, which will include any charges filed against you.
How do I know if I'm a criminal?
The primary federal background check system is maintained by the Federal Bureau of Investigation (FBI), but each state also has its own criminal background check system. Your attorney may recommend that you request both your state and federal criminal history records.
How do you know if someone is pressing charges on you?
If you have not been arrested but you think there may be charges filed against you that you want to prepare for, you can contact the local criminal court and ask if there are any court dates, bench warrants, or pending cases filed against you.