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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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How long can a person be detained?

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I was detained but not arrested.
My Certificate of release for detention says "Penal Code Section851.6 (as amended by Stats 1117) I take in to custody. It was a detention only, not an arrest". The time of detention was only 5 minutes. At the bottom it says Para (1) of subdivision (b) PenalCode Section 849: Para (3) of subdivision (b) of PenalCode section849: PenalCode Section849.5 and PenalCode 851.6 the reason for it was I visited a massage parlor that the cops were spying on. The cop was friendly and asked me several questions and I answered them, one of them was if I had 'happy ending' and the answer was yes. He said this would not come my records. I am on h1 Visa. Would it appear in employment background check? Would it cause problems for h1 visa stamping when i go to India? What should I say for arrest questions? What would be the consequences?

The law you cite states the following


(a) In any case in which a person is arrested and released pursuant to paragraph (1) or (3) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.

(b) In any case in which a person is arrested and released and no
accusatory pleading is filed charging him with an offense, the person
shall be issued a certificate by the law enforcement agency which
arrested him describing the action as a detention.

(c) The Attorney General shall prescribe the form and content of
such certificate.

(d) Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Bureau of Criminal Identification and Investigation of the Department of Justice. Thereafter, any such record of the action shall refer to it as a detention

As such, this will not be an arrest record and it will not appear on a background check nor affect your Visa.

Customer: replied 3 years ago.

I would be visiting my country later in the year for Visa Stamping. I just went from f1 visa to H1 visa. Would it be visible in the immigration process? Does the Certificate of release signify that I have not committed crime?

Correct. There is no record of anything. The COR is specifically for that reason. You were never arrested, no mug shots, no fingerprints and therefore no trace of anything occurring.

Customer: replied 3 years ago.

I was not completely honest with the officer as I was nervous and scared at that time. The officer was friendly and I cooperated and answered all questions. I guess he was satisfied with my answers and had got the lead what he wanted. He also took my phone number.

1. Should I stick to the answers that I gave if they call me back?

2. Would my detention case be linked with the massage parlor raid and I linked to it?

1 - No one is going to call you back. It's over and done with. And I cannot tell you to lie in any legal situation.

2 - No. They are not after you. They are after the BIG FISH, the person who runs the store and those who run them who own them. This is not about you.

If they need a witness they would ask you to testify since you said it was a Happy Ending which means there was sex involved. I suggest this is highly unlikely because they have all the information they need for evidence and there would not be a trial it will end in a plea agreement with the massage parlor persons.

Customer: replied 3 years ago.

Do you think I should visit local immigration attorney OR criminal lawyer in person? Do you think I should request my criminal report as I was thinking of doing so?


I suggest you can consult with a local attorney but you will be told the information I have provided and the law that I provided. But if it makes you more comfortable, then do that.

As to your "record" there isn't one

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