Arrested..?

[CrossedRifles]

This happened back near the end of 2012. I don't really want to say much about what happened since it's quite personal and embarrassing. Basically officers showed up in my house. Nothing happens and I calmly cooperate with officers and they cuff me. Few minutes later while waiting in car, they tell me I'm only being detained and not arrested. Fast forward they bring me to station / police department / and put me in a closet-sized holding place next to the fingerprint machine and need to be told what to do with me. ( kind of an odd case to them I guess ) and they eventually fingerprint me but let me go with no problems. Fast forward a month and WTF, I find out I'm arrested? At no point was I told I was under arrest?

I found out mainly because I tried to DROS a firearm, and it was delayed. Now I'm really lost on where to go from here. Did the officers handle everything correctly? Were they supposed to let me know I was being arrested? I'm debating on just heading over to the Police Department seeing if they can do anything.

What is a disposition? Does it basically mean one is acquitted for everything regarding that arrest? Would an arrest show for employers? I'm pretty worried this will affect me in the long run. And that this false arrest has my 2A rights suspended until the DOJ can sort this out, which will be in half a year. (lol)

[serjm1a1]

ah man, thats a bummer, Wishing you the best of luck! i'm sure it will get sorted out

[shakes88]

Sounds interesting. Did they ask you any question pertaining the reason they detained you? Were you read your Miranda Rights at all during anytime?

Not sure I have any answers for you, but my history in the LE world has me intrigued by this.

[becxltoo984]

From the sketchy info you provide sounds like you were booked and released .
And yes you now have an arrest record .

[RickD427]

Sir,

This is a case where you really need to speak with a qualified lawyer. GG Members can share information with you (of varying quality), but only a lawyer is going to take responsibility for what they say, and only a lawyer can offer you qualified advice.

As far as information sharing goes, it looks like you may have been "arrested" and "released." Please give a good read to Penal Code section 849. It describes the process.

Many times, officers are presented with conflicting information in the field, and often the conditions present at a scene are not conducive to the making of a thorough investigation. If the "Probable Cause" standard is met, then a subject can be taken into custody ("arrested") and taken to a police facility where a more complete (and calm) investigation can occur. If that investigation reveals the charges cannot be supported, then the law allows for a release. The law also provides for that event to be deemed a "detention" after the fact, even though it was an "arrest" before it wasn't. California law can be really confusing on this point - another reason for the lawyer.

Here's the text of section 849:

"849. (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."

Please note that if this was the case in your matter, you should have been provided with the "Certificate of Release." That document should clarify to DOJ what occurred.

The real problem that may be affecting you is that LE agencies report the "arrest" and then are supposed to follow up with the disposition information showing that the arrest that was wasn't after all. Those records systems are very poorly maintained and DOJ officials understandably have a hard time determining the circumstances of a case from the automated record.

[DFence]

Contact a lawyer

[saltyesq]

Contact a lawyer about a factual innocence motion. It is the only way to remove the arrest.

[Tacit Blue]

Contact a lawyer about a factual innocence motion. It is the only way to remove the arrest.

It's not that easy. The process is challenging. You file the paperwork you send it to the arresting agency, they have a chance to respond. If they don't respond within 60 days it's considered " petition denied". It has to be done within the statue of limitations.

Then you have to goto court and prove your case in front of a judge. If your successful, a purge of the arrest record will be ordered and the DOJ will have to remove it from the database. Do it "under seal" because somebody can find the court case about the case if they do a court records search.

Here is the form:

http://ag.ca.gov/idtheft/forms/bcii_8270.pdf

[Che762x39]

I don't really want to say much about what happened since it's quite personal and embarrassing.

Well yes it is.

You know I have been arresting people since 1978? "Whatever" can be a million different things.

Go to a free legal aid center and you should have some paperwork from the station. Remember when you left the station I told you to hang onto that?

Life is tough. it is tougher if you are stupid of course, YMMV

[Che762x39]

What is a disposition?

Grasshopper may "Google Fu" be with you

Wikipedia has a great section on "false arrest" too.

[Heiko]

Your vague information makes it difficult to advise you but from what I gather from your post, you were arrested at the end of 2012 for something, booked and released and you only found out you were "arrested" after a problem with a DROS. Sound right?

Since it was not really that long ago that you had this incident, whatever it was, I would not assume that it is a dead issue. Just because the police released you after being booked does not mean the incident is totally behind you. The case could be somewhere between the arresting officer's report or investigation, his or her sergeant, possibly investigations/detectives (if warranted), and the DA. The case can be filed out of custody with an arrest warrant request. If it was a misdemeanor level crime then charges could still be filed up until a year from when it happened. If it's a felony level thing then you've got years. In case you are wondering, it can take months for even a misdemeanor to get filed by the DA.

You might want to check with your local prosecuting authority (DA or City Attorney, depending on type of case and location) and inquire whether they have a case submitted.

I'm not asking you to spill your guts here but understand that your limited information makes it difficult to respond.

[TRICKSTER]

Your vague information makes it difficult to advise you but from what I gather from your post, you were arrested at the end of 2012 for something, booked and released and you only found out you were "arrested" after a problem with a DROS. Sound right?

Since it was not really that long ago that you had this incident, whatever it was, I would not assume that it is a dead issue. Just because the police released you after being booked does not mean the incident is totally behind you. The case could be somewhere between the arresting officer's report or investigation, his or her sergeant, possibly investigations/detectives (if warranted), and the DA. The case can be filed out of custody with an arrest warrant request. If it was a misdemeanor level crime then charges could still be filed up until a year from when it happened. If it's a felony level thing then you've got years. In case you are wondering, it can take months for even a misdemeanor to get filed by the DA.

You might want to check with your local prosecuting authority (DA or City Attorney, depending on type of case and location) and inquire whether they have a case submitted.

I'm not asking you to spill your guts here but understand that your limited information makes it difficult to respond.

^This.
Your case may not be over and they may have released you because they didn't have enough to file and are still investigating. You may not be out of the woods yet. You should talk to a lawyer. Better to find out what is happening than be surprised at some unconvenient time with an arrest warrant.

[Ron-Solo]

Heiko, Trickster, Che762, and RickD427 have summeditup up pretty accurately.

You need a lawyer, not CalGuns advice.

[JDay]

There's an entire thread on this stickied in the 2a forum.

Sent from my cm_tenderloin using Tapatalk 2

[Bobby Ricigliano]

You didn't offer nearly enough information to warrant any kind of helpful response.