Legal Question in Criminal Law in California

penal code 647 (f) PC

If I was detained and then release a couple hours later, no follow up needed, does that mean I have an arrest record now? They stated I was just being detained.


Asked on 9/14/05, 6:55 pm

1 Answer from Attorneys

Vincent LaBarbera Law Offices of Vincent J. Labarbera Jr.

Re: penal code 647 (f) PC

A detention is not considered an arrest. If you were not booked (i.e. fingerprints taken) or cited there was no arrest. Many police agencies will send you a letter telling you that you were not arrested and only detained. Some agencies will detain you over night to sober you up because they feel that you may be a threat to yourself or others.

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Answered on 9/15/05, 7:16 pm


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