Los Angeles DUI attorney can help you convert arrest into a detention for cases that are not filed in Los Angeles. If you are arrested for a DUI, your record, if requested for the Department of Justice, will have a record of the arrest.
Sometimes a job application or an application for benefits or a permit or a license will ask you if you were arrested. This is different then asking if you have any convictions, which are findings of guilt proven beyond a reasonable doubt! Instead, the applications can ask for arrests, that require much less evidence then convictions. The arrest decisions are made by a police officer who can be biased against you. Because evidence needed for an arrest is lesser then the evidence needed for a conviction, more people get arrested then get convicted of crimes. Here Los Angeles DUI lawyer explains how to convert arrest into detention.
Applications will ask for arrests because an arrest for one charge can be plead to a different charge. Also, some cases go through a lengthy delay between arrest and filing. Lastly, many professional license boards will look at arrest report, without a conviction, to decide if the arrested person should be disciplined and possibly if his or her professional license should be taken away. Thus it is extremely important to convert arrest into a detention.
A criminal case can’t be filed once statue of limitation expired. A DUI can’t be filed one year after arrest if there is no facts justifying a felony filing. Once time goes beyond the statute of limitation period, a criminal case can never be filed and it because it can’t be filed, it should be deemed a “detention”. Similarly, an arrest for a case that was rejected from filing by the prosecutor should also be deemed a detention. Detentions are very different from arrest because they do not require a “reasonable suspicion that the person committed a crime”. Because of that, detentions, unlike arrests, do not require disclosure or recorded by department of justice on permanent record (“rap sheets”).
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”. Please contact our office to make sure we can convert arrest into a detention. Los Angeles DUI attorney will make sure your record is kept clean.
If prosecutor does not file a criminal case, (as sometimes is the case), you can convert arrest into detention and modify Department of Justice record to delete arrest from your “RAP” sheet. Once your arrest is converted into a detention, the question “if you were ever arrested” can be honestly answered as a “no”.
If you were arrested for a DUI in Los Angeles, please contact our office (818) 921 7744 as soon as possible to talk about your case. On appropriate facts, we can convince the prosecutors not to file a criminal case against you, thus assuring that your record remains clean and clear of the arrest. Los Angeles DUI attorney can use PC 849.5 to covert arrest into a detention for not filed DUI cases. Once your Los Angeles DUI arrest is converted into a detention you can honestly answer that you were never arrested for a DUI. This is important because some application for employment or benefits ask specifically if you were ever arrested. Once your arrest is converted into a detention, the police agency has to correct its record and correct DOJ who will in turn contact the FBI and correct its record.
2018 Addition To The Law.
On January 1, 2018 the legislature passed a law that authorizes court to seal an arrest record. The sealment of the arrest record allows a defendant to honestly answer that they were never arrested except when filling out applications for a public office, a police officer employment, state and local licensing or state lottery commission. Sealing the arrest record is the next best thing after converting an arrest into detention because it does not allow you to hide your arrest for all purposes. Also, some arrest record can not be sealed without judges approval. For all questions related to Los Angeles DUI arrest record sealment call our office.