Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

How long can a person be detained?

I was detained but not...

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?

Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
6/12/2013
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified

The law you cite states the following

851.6.

(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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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?

Hello

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

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified
Sam and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Sam Your Own Question
Sam
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: More than 20 years of experience practicing law.

Sam is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My wife's permanent residence card was mailed to us by USCIS
My wife's permanent residence card was mailed to us by USCIS on 9-8-17. We were advised that it may take up to 3 weeks to receive. After 1 month we inquired and were told we should have it. I received… read more
KJL LAW
KJL LAW
Juris Doctorate
1,609 satisfied customers
My ex girlfriend says i owe money after breaking up. Thought
My ex girlfriend says i owe money after breaking up. Thought we would be together forever. How can she prove i owe her money. She was holding my belongings until I signed a contract. She has since giv… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,022 satisfied customers
FOR LAW EDUCATOR, ESQ.: On November 2017 I received a letter
FOR LAW EDUCATOR, ESQ.:On November 2017 I received a letter from an attorney demanding payment or court action pursuant to Fair Debt Collection Practice Act, 15 U.S.C. § 1692 et seq., based on an inst… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I believe an attorney ran an on line background check
I believe an attorney ran an on line background check "personal" report on me and told my mother-in-law untrue facts that pertain to a possible different person. My Mother-in Law will no longer talk t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can I email you a short summary or sent it some way so you
First, can I email you a short summary or sent it some way so you can quickly get an overview? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
Recieved money benefits death and was remarried i did knw i
recieved money benefits death and was remarried i did knw i was to report the marriage after many years collected the money i did know it was insurance fraud … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Company holding mechanics tools employed by another company
Company holding mechanics tools employed by another company as collateral … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Well,,, let me run this past you,,, i cosigned a loan for
Well,,, let me run this past you,,, i cosigned a loan for the x-wifes daughters car,,, under the verbal agreement that it would be refiananced and my name off of it within 6 months,,,, well,, three yr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Fraud on the court made th court issue a detention order.
fraud on the court made th court issue a detention order. which statute of limitation apply, false detention or fraud … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
I am being asked to give my physical address for a divorce
I am being asked to give my physical address for a divorce decree proposal. I have already given the court an address for service which is a physical address and my spouse is saying that I MUST give m… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
My husband recently accepted a position with a construction
My husband recently accepted a position with a construction firm which required us to relocate from Central CA to Orange County, CA. We sold our home and moved into a lease. The move cost us thousands… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have lived in my apartment complex for almost 10 years and
I have lived in my apartment complex for almost 10 years and smoking was allowed. Hubbell bought the complex and now we can't smoke in our apartments. Is there not a grandfather on these matters? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
I have several spaces at a outdoor storage, that have items
I have several spaces at a outdoor storage, that have items under the trailers. The new owner is demanding that all items be in storage containers. He states that if his requests to have my property m… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I am reviewing a request for production of documents i
Hi- I am reviewing a request for production of documents i received from my ex husband who has filed a motion to modify custody. While reading the very first paragraph in the document I've already fou… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I give my husband permission to take my kids to visit his
I give my husband permission to take my kids to visit his family because I'm working, and when he arrive there he told you can not see you kids again because the low in Jordan don't let me take my kid… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have medicaid and now was awarded ssdi. However, they also
I have medicaid and now was awarded ssdi. However, they also gave me medicare and are taking $130 for premium not for the prescriptions, but for one of the medical parts. Do you know if there is a way… read more
John
John
Attorney
Doctoral Degree
5,756 satisfied customers
What's the fastest way to submit an SR1 in California? I
What's the fastest way to submit an SR1 in California? … read more
Blake
Blake
J.D.
47 satisfied customers
I posted something yelp about a and his owner that was not
I posted something yelp about a biz and his owner that was not nice at all should I take it down...I think he is going to try and sure me for slaunder … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,956 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x