Legal Question in Criminal Law in California

647f 849b2


I have a secret security clearance

(government job) and, unfortunately,

had a little too much to drink last

weekend so I ended up being brought

to the drunk tank per 647f (drunk in

public). I was then released per

849b2 which considers my visit to

the drunk tank strictly a detention

and not an arrest in CA. My question

is whether or not this is something I

should inform my work about? The

cop at the jail said that he didn't

think so since this is something that

wouldn't be on my permanent record

(i.e. not charged) . Can someone

please give me some input on this?


Asked on 4/18/08, 7:51 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 647f 849b2

I have asked an FSO who says: You were not criminally charged, so you don't have to report it. But: 1) If you tell a coworker about the incident, expect it to be reported; 2) Go to some AA meetings so that, if it does come up, you can claim you made an effort to address Your Alcohol Problem (and being thrown in the drunk tank is a pretty clear indication that You Have A Drinking Problem).

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Answered on 4/18/08, 10:21 pm

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