If your arrest was a detention, then the law enforcement agency that detained and released you must issue a Certificate of Detention, which deletes the record of the arrest (Penal Code Section 849.5).
- The purpose of a short-term detention certificate is to allow you to be assessed and/or treated in hospital. You can be given treatment for your mental disorder in accordance with the rules set out in part 16 of the Act. You can be given some treatment, including medication, without your consent.
Why did I get a detention certificate?
Penal Code Section 851.6, subdivision (b) provides: “ In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him/her describing the action as a detention.”
Does a detention go on your criminal record?
A detention only — as defined by Penal Code section 849.5– is not a criminal record.
What does it mean when it says detention only?
On August 1, 2016, the California Court of Appeal, 2nd District, held, in Schmidt v. California Highway Patrol, that if a person is arrested, but no accusatory pleading is filed with a court, the arrest shall be deemed a detention only.
What does court detention mean?
According to the Criminal Procedure Law, detention is restriction of one’s freedom temporarily until either he stands trial in court or is set free to go. Contrary to arrest, which is ordered by juidical decision, detention is ordered by prosecution office.
Is a detention certificate a good thing?
If you were arrested and released, but no charges were subsequently filed, then your arrest was actually only a detention. A Certificate of Detention (Penal Code Section 851.6) may be the best and fastest remedy to “clean up” your arrest record.
Does background check Show detention?
Records of juvenile convictions and detention that have been sealed by a court typically do not appear in these searches, but all other criminal convictions may appear, unless they occurred in a state that forbids disclosure of convictions after a certain period of time.
What does this mean da reject per 849.5 pc a detention only?
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 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 does no appearance mean?
Non appearance is a state of not being present. Legally the term non appearance denotes failure to appear in a court. It can be the non appearance of a defendant in an action brought by plaintiff or the failure of a witness or party to appear to answer a subpoena or notice.
What is the purpose of detention?
The purpose of assigning detention is to punish misbehavior. Therefore, the goal of deten- tion is to reduce future occurrences of the behavior being punished.
What is the example of detention?
Detention is when someone is arrested or put into prison, especially for political reasons. the detention without trial of government critics. They have been held in detention since the end of June.
What happens during a detention hearing?
A pretrial detention hearing in federal court is much like a bail hearing in state court. It’s a hearing at which the court determines whether to detain the defendant without bail.