QUESTION
Is it considered an arrest without being detained?
Asked on Jun 13th, 2014 on Labor and Employment - California
More details to this question:
My work is claiming that I failed to report an arrest, simply due to the fact that I gave my fingerprints as part of a ticket that I went to court to take care of (driving on a suspended license). I was never detained or mirandized, yet my management is making the case that the giving of fingerprints constitutes an arrest, and will attempt to move forward with discipline based on this premise. Is there any legitimacy to their claims? Can it be considered an arrest without being detained?
1 ANSWER
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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If you were booked and finger-printed, California Department of Justice records will report that as an arrest. If no charges are subsequently filed, the arrest will by operation of law become a detention only not an arrest.
Answered on Jun 17th, 2014 at 10:26 PM