Public Intoxication - Odd Situation

[GMAY]

What is the name of your state (only U.S. law)? California

So i've been reading a few threads here about drunk in public arrests and i find my situation odd because I was arrested but didn't receive a citation. I was arrested on a sidewalk for arguing with a friend outside a house the cops/paramedics happened to be called to for medical reasons. I was arrested and spent the night in the drunk tank but didn't receive a citation, fine, court date, any paper work at any point. In fact, i wasn't even told why I was being arrested until I asked halfway through the drive in the back of the cop car, for which I gave the cop a lot of lip (bad decision obviously). They did take my finger prints, mug shot, etc at the police station. But again, I did not receive any papers explaining a next step. I was just released in the morning.

But my question is does this go on my record? What are the future repercussions? I've heard that sometimes it's more of just a holding instead of an arrest to sober up - is there a distinction between the two

I'm hoping someone here knows that if you don't receive a citation/court date/fine, that it's not a misdemeanor (or means something different?).

Thanks!

 

[CdwJava]

What is the name of your state (only U.S. law)? California

So i've been reading a few threads here about drunk in public arrests and i find my situation odd because I was arrested but didn't receive a citation.

Many counties do not prosecute public intoxication arrests and those who are picked up are released pursuant to PC 849(b) and the arrest is then deemed to be a detention only with no future proceedings.

In fact, i wasn't even told why I was being arrested until I asked halfway through the drive in the back of the cop car, for which I gave the cop a lot of lip (bad decision obviously).

Your clues would have been being in cuffs in the back of the cop car and being driven from the scene. That is generally an arrest.

They did take my finger prints, mug shot, etc at the police station. But again, I did not receive any papers explaining a next step. I was just released in the morning.

Sounds like they do not intend to proceed with a criminal complaint. Lucky you.

But my question is does this go on my record? What are the future repercussions? I've heard that sometimes it's more of just a holding instead of an arrest to sober up - is there a distinction between the two

Yes. One is an arrest, the other is not. However, in terms of employment, the distinction is moot as most private employers cannot lawfully ask about arrests, only convictions.

You can always contact the jail and ask if you were released per PC 849(b) ... if so, then you were not arrested, you were detained. And, if you had been so released, you should have been provided a piece of paper indicating this.

When you were released, they gave you NO paperwork? Not even a copy of your property inventory? That's very unusual ...

There is always the odd chance that you will receive a summons (or an arrest warrant) for a future court appearance, so you might want to look into this.