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I Received This Letter From The Local Police Department After My Recent Arrest. What Does This Mean?

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Location: California

I’m 45 years old with no prior criminal history, and this arrest has severely affected my livelihood and career. I’m trying to understand what to expect going into court in January and whether the police handled the situation appropriately. I was recently arrested for felony domestic violence involving my ex-fiancé. In the past, he has been physical toward me, but I never reported it because I assumed it would be viewed as mutual combat. I shouldn’t have ran my mouth if I didn’t want to get hit. I know that so I didn’t do anything about it. Dumb in hindsight. He is 6'2" and 240 lbs, while I am 5'1" and 113 lbs. I have photos and text messages documenting previous incidents. On the date of the arrest, he grabbed both my hands. When I pulled away to free myself, I accidentally left a few scratches on his neck. They did not bleed or break the skin. He called the police. When they arrived, I explained the situation multiple times. I was already detained and handcuffed in the patrol car when they returned after speaking with him again. At that point, they read me my Miranda rights and asked additional questions. I did not deny the scratches and told them they occurred when I tried to escape his grip. I was arrested and spent about 8–9 hours in the holding cell before posting the $50,000 felony bail. He later filed a restraining order but never had me served. I found out from a third party, went to court on my own, and it was dismissed. My arraignment for the criminal case has been continued to January 2026. About a month after the arrest, I received a letter from the police department. I’m trying to understand what this letter means and how I should proceed. I was told by a third party he didn’t want to pursue any further legal matters, but I understand the DA could still pick it up.

I’m scrounging money for a lawyer, but currently do not have enough. Times are tough and I’m doing what I can. Any advice or suggestions would be greatly appreciated.

Penal Code section 849 provides: (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, with unnecessary delay, be taken before the nearest or most accessible magistrate in the county in the which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. (b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: (1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. (2) The person arrested was arrested for intoxication only and no further proceedings are desirable. (3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for medical treatment and no further proceedings are desirable. (4) The person arrested was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. (c) The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. Penal Code section 849.5 provides: In any case in which a person is arrested and released an no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. Penal Code section 851.6 provides, in part: (a) In any case in which a person is arrested and released pursuant to paragraph (1) or (3) of subsection (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. As required by Penal Code section 851.6, I hereby certify that the taking into custody of xx by the xx Police Department was a detention only, not an arrest. Xx was released on xx by the xx Police Department.

submitted by /u/Crazy-Upstairs-9430
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