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Penal Code 647 (f) PC

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poser

Junior Member
What is the name of your state? Ca

I was detained by San Diego for the above code. I was released about 5 hours later with no further proceedings. Does this mean it is an arrest record even though I have no further requirements? It happened just Sunday and already I have received 3 letters from lawyers wanting to help get it off my record. As far as I know, I was told it wasn't an arrest, just a detention. Can anyone explain? I am confused as to if I was asked if I had an arrest record what my response should be.
 


JETX

Senior Member
poser said:
I was detained by San Diego for the above code.
California Penal Code:
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.


I was released about 5 hours later with no further proceedings. Does this mean it is an arrest record even though I have no further requirements?
It is an arrest record. As for the 'further proceedings', that depends on whether the prosecutor wants to pursue charges or not.

It happened just Sunday and already I have received 3 letters from lawyers wanting to help get it off my record. As far as I know, I was told it wasn't an arrest, just a detention. Can anyone explain?
Yep. You were arrested. You now have a record. The charges may be prosecuted... or dropped.

I am confused as to if I was asked if I had an arrest record what my response should be.
Yes.
 

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