Legal Question in Criminal Law in California

Forgery and Possession Charges

I was arrested and booked on my first ever charges, 1 forgery and 1 possession, on a Friday. I was attempting to cash a check ($400) written to someone else using her ID. On me I had under a 1/2 gram of methamphetamine. I was arrested, brought to county, set to be arraigned on Tuesday. On Monday afternoon I was released w/ the paperwork ''CERTIFICATE OF RELEASE/CLEARANCE LETTER''. Citing paragraph 1 of penal code section 849 b. Why? I got caught red-handed. What glitch might have occured? Thank you!


Asked on 11/27/03, 2:16 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Forgery and Possession Charges

That section of the penal code reads as follows: (b) Any peace officer may release from custody, instead of taking

such person before a magistrate, any person arrested without a warrant whenever:

(1) He or she is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.

(2) The person arrested was arrested for intoxication only, and no further proceedings are desirable.

(3) The person was arrested only for being under the influence of a controlled substance or drug and such person is delivered to a facility or hospital for treatment and no further proceedings are desirable.

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Answered on 11/27/03, 4:48 am


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