Can someone be jailed without there being a formal arrest report on file?

Asked on September 21, 2011 under Criminal Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A person can often be "jailed" before the police arrest is created or made available and may also be in situations wherein the person is there merely to dry out (the police are merely taking you into protective custody to help sober you up in a safe environment so you will no longer be a danger to yourself or anyone else). Now, if you are charged with a crime, the police report/arrest report will undoubtedly appear pretty quickly thereafter so formal charges can be brought the and criminal court process can begin. If you were held for a time and no arrest report exists, talk to your defense counsel about it.

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