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Arrested but released without any paperwork or "citation" or courtdate

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TylerScrib

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hi, I was out drinking last night and was assaulted. I had lacerations on my face which caught the eye of the police officers. they sat me down and had an EMT come over and check me out... I told them I wanted to refuse medical treatment but they still forced me to get on the stretcher and go to the hospital. they also wanted to take my blood which I repeatedly refused... they did so anyways.

that's when I passed out.

I woke up in the jail holding cell and they called my name and told me my taxi was outside waiting. I went to the gate grabbed my wallet and left. I did not have any paperwork to sign or any court date? is this normal? what should I expect?

I remember when I was getting into the jail I asked what I was there for they said drunk and disorderly and assault on an EMT officer (because I kept saying no I don't want to go into the ambulance and wiggling in the gurney and he stated "if I keep moving they're going to charge me with assault") Don't those charges carry time? and wouldn't I have to post bail?
 


FlyingRon

Senior Member
All of those charges potentially have jail time. However, if you were released without being charged, it's possible nobody's going anywhere with them. They just waited until you sobered up and turned you lose. If you get any indication of the charges you should contact a lawyer. It's unlikely that you're going to be able to do anything in your own defense since you were intoxicated and passed out for much of the time.

Had you been driving?
 

TylerScrib

Junior Member
No, I was standing on a curb in the parking lot. no keys even on me.

I actually recorded me telling the officers and emt officers that I don't want to press charges and I don't want to be helped.

when I was on the curb I was never handcuffed and was allowed to use my phone to record video...

They just strapped me down in the stretcher to take my blood.
 
Last edited:

Ladyback1

Senior Member
No, I was standing on a curb in the parking lot. no keys even on me.

I actually recorded me telling the officers and emt officers that I don't want to press charges and I don't want to be helped.

when I was on the curb I was never handcuffed and was allowed to use my phone to record video...

They just strapped me down in the stretcher to take my blood.
so, you were drunk and it appeared that you could have a head injury (if you had lacerations on your face, it's not a stretch to believe that your head took some blows)--the EMTs used implied consent to treat you (meaning that you weren't capable of making medical decisions, and if you had been sober and/or without trauma to the head, you would want your injuries treated.)

You admit passing out and have no memory of how you got to the jail--you could have been a complete A$$ to EMTs possibly assaulting them, or something similar.

If you believe there are charges pending, contact your local city or county prosecuting attorney and ask!
 

TylerScrib

Junior Member
I just called the police department

aggravated assault on emt
resisting arrest
criminal nuance
disorderly conduct.

But what I don't get is why did they just release me?
 

FlyingRon

Senior Member
Probably because they figured they knew where to reach you when they wanted to charge you. Contrary to what you see on TV, every initiation of criminal charges doesn't necessarily involved you being hauled down and booked.
 

single317dad

Senior Member
I just called the police department

aggravated assault on emt
resisting arrest
criminal nuance
disorderly conduct.

But what I don't get is why did they just release me?
If you've been charged, your communication with the police department is finished. In fact, it should have been finished some time ago. You should now communicate with the court and prosecutor, via your criminal defense attorney.
 

The Occultist

Senior Member
Have you actually received any paperwork, either served via a process server or through certified mail? If so, what does it say? Until you receive such papers, consider yourself not officially charged with anything. Also, cease any further contact with the police department regardless of what happens here.
 

TylerScrib

Junior Member
Have you actually received any paperwork, either served via a process server or through certified mail? If so, what does it say? Until you receive such papers, consider yourself not officially charged with anything. Also, cease any further contact with the police department regardless of what happens here.

No, I have not got anything. from any form of mail or contact.
 

Shadowbunny

Queen of the Not-Rights
Have you actually received any paperwork, either served via a process server or through certified mail? If so, what does it say? Until you receive such papers, consider yourself not officially charged with anything. Also, cease any further contact with the police department regardless of what happens here.
Would it be too soon for him to be served since it just happened the night before last?
 

TylerScrib

Junior Member
Shadowbunny, How long does it usually take to be served? only reason why I ask is because i'm flying back to ohio for the month
 

The Occultist

Senior Member
How long it takes to be served is based on NUMEROUS factors. The fact is: you have AT LEAST a year of worrying about whether or not charges are filed against you. You will be wise to have whomever resides at your "current residence" to keep you appraised of whether or not official documentation has been served to your last known residence.

AZ will track what charges you could be potentially faced with when they make the "arrest". They may charge you, or they may not. Regardless, the notes are there on your record. AZ does keep a public-access record of all court documents: http://apps.supremecourt.az.gov/publicaccess/

This will track the findings of the officers, most times, even if you have not been formally presented of charges.

If you have not properly been served any charges, then you are not likely being charged with anything. Arizona is QUITE the fan of SCARING you "straight". However, you should stay on top of tracking whether or not you are being charged. If you have an attorney: GREAT! utilize that service! If not, then you should keep checking with the courts to see if you need to make an appearance. Your ignorance of the need to appear in court will NOT be an affirmative defense to your situation, so do make every attempt to make sure you attend any court-required attendance.
 

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