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What Happens If I Was Arrested But Never Charged in CA?

If you get arrested and the DA or City Attorney never files charges it means that you can say you have never been arrested.  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.

So if the cops arrest you and no charges are filed by the prosecutor, then you have not been arrested. You have merely been detained.

If you’ve been arrested, don’t wait to see if the DA files charges. Contact me at (213) 479-5322 right away so we can avoid the charges or prepare to fight them.

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