Legal Question in DUI Law in California
Califonia 647(f) Public Drukeness- no charge filed
I'm still not sure whether I was ''arrested'' or merely ''detained'' but I was let out of the drunk tank in the morning and I'm pretty sure that this was the Officer's intent all along. I'm also very sure that I was not a risk to myself or others and that the police would have a hard time proving that I was. I was however, belligerent, I think this is why I was brought in.
I have 3 Questions:
1) How to I find out if I was arrested or detained?
2) Is there any basis or practicality for claiming false imprisonment/false arrest( I'm not sure what the correct term here is)?
3) Should I being trying to get this expunged? Is it even an option for this type of offense where there's no charge?
1 Answer from Attorneys
Re: Califonia 647(f) Public Drukeness- no charge filed
If you were detained, then there would not be a criminal record to expunge. If you were arrested, you would have been given a ticket with a court date. You probably do not have a civil rights case for police abuse. Contact me directly via my e-mail address.
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