Monrovia, CA asked in Criminal Law for California

Q: After an arrest was made, there was insufficient information at DA hence charges dropped. Change arrest to detain status

What is the simple procedure to change "arrested" to "detained"? It's as simple as going to the Police Station and filling out the form correct? And this will change the status? How long does it take for the status change? Can anyone go and get the form that honor 849.5 code/law? Can we fill it out online?

NOTE: We did not go to court so the record doesn't need to be expunged.

Some police stations/officers even send out this form to honor 849.5 code/law

Apologies, first time being falsely arrested (never been arrested in my life) and very scared

Related Topics:
2 Lawyer Answers
William M. Weinberg
William M. Weinberg PRO label
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: The police department can issue a Detention only letter for you. Any records check will reflect a detention only. If that isn’t sufficient you may need to file a petition for factual innocence at the courthouse where your case would have been heard had it been filed. That is a noticed motion with points and authorities, declarations and argument.

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: in Riverside Co we file a Petition to seal an arrest under PC 851.91 and then an order for same....if an arrest and no filling.

otherwise the police can issue detention only letter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.