Do misdemeanors count as arrests, even if you aren't ever put in handcuffs or taken into custody?
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Do misdemeanors count as arrests, even if you aren't ever put in handcuffs or taken into custody?
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i got two tickets for being underage and in possession of alcohol and when i got pulled over today, the cop ask if i had ever been arrested. I told him no, thinking an arrest was when someone was put in handcuffs and taken into custody. When he comes back to my window he tells me to get out of the car, i was dishonest to him and to make a long story short, i was sitting on the curb for an hour and a half while cops tore through my car and got a fix-it-ticket.
The cop said i had been arrested, i didn't/ don't think i have so if i get a misdemeanor, is that considered an arrest?
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my2cents
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Yes. Misdemeanor is a crime. A summons or ticket is instead of arrest.. |
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Give me secession
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If you were never formally put under arrest then you didn't misinform him. And also, if you answered his questions to the best of your ability you didn't commit a crime of misinforming and officer. Notice on documents such as job applications were you sign that you have answered to the best of your ability, even if you answer something wrong it is not an attempt to misinform.
Definition of arrest----to take or keep in custody by authority of law
If you were never taken into custody you were never arrested.
When I was 18 years old. I had given someone a ride home from a party, that person had left an unopened single beer bottle in my back seat, I was pulled over and given a ticket for possesion of alcohol by a minor.
I went to court and plead guilty to the charge but was never arrested either. |
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mauirayne
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have you ever been fingerprinted and mugshot taken? If so, you have been arrested.......also, the misdemeanor is a conviction, not an arrest |
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Steve
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Every time you get a citation, your technically arrested. By signing the ticket your not pleading guilt but promise to appear in court and handle the situation. So yes, if your have ever gotten a citation or charged with a misdemeanor you have technically been arrested. |
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