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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Monterey, California Public Intoxication 842b

    My question involves criminal law for the state of: California (Monterey)

    I was detained for Public Intoxication after vomiting in a Taxi. I was released after sobering up with an 849 B 2 form stating that I was detained, not arrested. The officer told me I was not being charged with public intoxication, however I am still nervous.

    I am wondering if it is at all common to be released with an 849 B 2 and to be charged at a later date? I am also wondering if I will have to pay any costs associated with this experience? If it makes any difference: I have had no previous encounters with Law Enforcement save for a speeding ticket several years ago. This was obviously a very embarrassing, but ultimately useful learning experience. I just want to know when I can feel safe about putting this behind me, and moving forward.

    Thank you in advance for any feedback. It is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Monterey, California Public Intoxication 842b

    Quote Quoting sircreed
    View Post
    I am wondering if it is at all common to be released with an 849 B 2 and to be charged at a later date?
    I very much doubt that will happen. Police release you per 849(b)(2) when they do not intend to forward a case to the DA for charging. If they wanted to charge you, you would have been released with a citation.

    I am also wondering if I will have to pay any costs associated with this experience?
    I do not think you should, but I have heard cases on these and other forums where bills for time in custody have arrived. Whether you are legally obligated to pay them or not, I cannot say off hand. I think it is unlikely you will be billed, but, maybe. Don't stress it unless you get a bill.

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