Is detention a record?

A detention only — as defined by Penal Code section 849.5– is not a criminal record.

Is detention different from arrest?

In a detention situation, police keep a suspect in custody to interrogate and find out the facts of the crime. An arrest, on the other hand, is when the police apprehend someone for allegedly committing a crime. Suspects can only be detained if there is reasonable suspicion.

What does status detention only mean?

California Penal Code Section 849.5 states “In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only”.

What is a detention letter?

This detention letter can be used by teachers to inform parents of the behavioral infractions that a student has made throughout a week or a report card period.

What is considered a detention?

Detentions and Arrests An officer’s “brief and cursory” holding and questioning someone is a detention. An example is a cop stopping someone who is behaving suspiciously in order to ask a few questions. The quintessential example involves the use of handcuffs and an advisement that the suspect is under arrest.

What happens when you get detained?

If the person has been detained pending an investigation or questioning, he or she may remain in a local or county jail until read his or her Miranda Rights so he or she may acquire a lawyer. Being detained by police is often the first step before an investigation into a possible crime occurs.

What does this mean da reject per 849.5 pc a detention only?

What is an accusatory pleading?

California criminal proceeding begin with the filing of an ‘accusatory pleading’ in a court with jurisdiction. It’s filed by a prosecutor in a San Diego Criminal Court and lists the criminal offenses, including the alleged date(s) of occurrence, believed to have been committed by the defendant.

What is a detention in criminal law?

In criminal law, to detain an individual is to hold them in custody, normally for a temporary period of time.

What is a detention warrant?

Warrant of Detention means the legal process by which a person alleged to have mental retardation who is thought to pose an imminent and serious danger to the person or others may be ordered by a court to be detained by custody pending an investigation and possible commitment hearing.