Detained under 647(f)/849(b)

[Wing]

I was just released under the threads PC and was given no paperwork when I was released. Does this mean I do not have a court date?

[FLIGHT762]

If you were released under 849 B2, there will be no Court.

849 P.C.
(a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(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.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but a
detention only.


You should be good with no Court appearance necessary as long as the B and or the B2 section is used.

[Wing]

On my short arrest report it doesn't specify which charge, it just lists both PCs.

They told me at the jail not to worry but no paperwork makes me worry.....

Sounds like it might be OK from the PC now that I read it but I think a call to the DA office in a few days will sure things up.

Makes it hard as I'm an alcoholic who blacked out so the arrest isn't to clear in my head...... time to give up the booze.

[Grumpyoldretiredcop]

There will be no court date, and if you are asked in the future if you've ever been arrested, you can say that you have not been relative to this incident.

[epilepticninja]

Basically, you got a free stay at the hotel.

[CSACANNONEER]

On my short arrest report it doesn't specify which charge, it just lists both PCs.

They told me at the jail not to worry but no paperwork makes me worry.....

Sounds like it might be OK from the PC now that I read it but I think a call to the DA office in a few days will sure things up.

Makes it hard as I'm an alcoholic who blacked out so the arrest isn't to clear in my head...... time to give up the booze.

While not as easy as it sounds, it's probably the best thing you will ever do for yourself, your family and anyone else you come into contact with. Good Luck!!!!!!

[Wing]

I appreciate the responses guys, thank you for your input.

While not as easy as it sounds, it's probably the best thing you will ever do for yourself, your family and anyone else you come into contact with. Good Luck!!!!!!

If I had a dollar for each time I've tried to quit a vice I would be a rich man.

[Tallship]

Wing-

If you are drinking to the point that you black out, you are doing tremendous harm to your body, and it will certainly lead to an early demise. Please seek medical help for your problem. Court dates are the least of your worries.

[Ron-Solo]

647(f) is the arresting section, 849(b)(2) is the releasing authority with no further proceedings.

Seek help for your drinking, it isnt something you can do without support.

Good luck Wing, and welcome to CalGuns.

[tyrist]

I appreciate the responses guys, thank you for your input.



If I had a dollar for each time I've tried to quit a vice I would be a rich man.

Just remember that even if you get weak you can always start again the next day. Just don't give up and don't become a repeat customer.

[Wing]

647(f) is the arresting section, 849(b)(2) is the releasing authority with no further proceedings.

Seek help for your drinking, it isnt something you can do without support.

Good luck Wing, and welcome to CalGuns.

Thank you for the clarification on the sections.

Wing-

If you are drinking to the point that you black out, you are doing tremendous harm to your body, and it will certainly lead to an early demise. Please seek medical help for your problem. Court dates are the least of your worries.

Just remember that even if you get weak you can always start again the next day. Just don't give up and don't become a repeat customer.

....the unfortunate thing is before this incident i was sober 8 days straight....

It'll be a fight, my father has liver issues from his heavy drinking as a youth, so I do know the damage it can cause but coming from a family of alcoholics and moonshiners it makes it hard to quit with a snap of the fingers.

Once again thanks for the comments and support guys.

[Andy Taylor]

Not a LEO and no advice on the arrest/court issue, but I wanted to wish you luck in your journey to give up the alcohol. Godspeed my friend.

[CORETAC]

Wing, Good Luck to you.

I have nothing to add on the legal issues, but on a personal note, take care of yourself. You are not alone with this issue and the fact that you are starting to see that you may have challenge, you are way ahead of many other people and are making more progress than you may realize.

You are correct that nothing changes with a snap of the fingers, but nothing worthwhile ever does. You may need a lifestyle change. Commit to yourself to be healthier. You are worth the effort.

We all have challenges. The fact that you can recognize and acknowledge yours makes you way ahead of the game.

Best of luck to you.

-Stay safe

[1911su16b870]

Best of luck to you.

Good that you know this is your issue and it needs to be dealt with.

[TheExpertish]

On my short arrest report it doesn't specify which charge, it just lists both PCs.

They told me at the jail not to worry but no paperwork makes me worry.....

Sounds like it might be OK from the PC now that I read it but I think a call to the DA office in a few days will sure things up.

Makes it hard as I'm an alcoholic who blacked out so the arrest isn't to clear in my head...... time to give up the booze.

I'm sure you've gotten the idea now that it was just a night in the "drunk tank". It was literally a way to keep you safe for the rest of the night.

Wing-

If you are drinking to the point that you black out, you are doing tremendous harm to your body, and it will certainly lead to an early demise. Please seek medical help for your problem. Court dates are the least of your worries.

Thank you for the clarification on the sections.





....the unfortunate thing is before this incident i was sober 8 days straight....

It'll be a fight, my father has liver issues from his heavy drinking as a youth, so I do know the damage it can cause but coming from a family of alcoholics and moonshiners it makes it hard to quit with a snap of the fingers.

Once again thanks for the comments and support guys.

I too have come from a long line of alcoholics (Irish, duh). I know the problems you face as I have seen it first hand. I've also see it take loved ones away. Having a family history is not an excuse as I am sure you know. It's just a warning sign of things to come, so take heed. There are programs and services out there for you so give them a try. It's near impossible to kick a vice on your own. Use us as a support group as well. Feel free to vent and let us encourage you. As LEO's, we see the affects of alcohol daily, so it is pretty much our specialty.