Legal Question in Criminal Law in California

I was given a 647 (f) and a date to appear in court for intoxication in public (san jose , CA) - later after being released I got a letter from the agency that picked me up (different one than where I spent the night in jail) stating that I was only detained. Was I arrested or not? I am worried as I do have a checkered past (several years ago). I know usually they give you a fine and community work but I'm worried about the 6 mos they could impose due to my past. I did not hurt anyone nor did I vandalize or anything else. I was however not exactly nice while in jail as they had fractured my hand and one officer socked me in the face. I don't care about any of that - I just don't want to go to jail again. Advice?


Asked on 12/16/14, 8:03 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Yes, you were initially arrested, but under Penal Code 849(b)(1), they have essentially in-arrested you and made this a detention only. That means that they won't be referring it to the DA for filing of criminal charges. You may want to go to court in the date you were cited to appear to verify 100% that no charges are filed.

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Answered on 12/16/14, 8:09 am


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