Can DA press charges if you were released with no charges being pursued?

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Can DA press charges if you were released with no charges being pursued?

My older brother had a bad reaction to his prescription medication followed by 2 alcoholic beverages causing him to become quite intoxicated and slightly incoherent. We were at a concert and security ended up taking him into custody where he then spent the night in the drunk tank. He was released early the next morning and was told that there would be no charges pressed against him or anything. He even had the arrest/release documents that were noted and signed as

Asked on September 2, 2016 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The case against him could be weak, if they didn't test his BAC or otherwise have good evidence against your brother. But weak case or not, they are allowed to bring charges against him. When the authorities (police, prosecutors) release someone after detention without charging them at that time, that voluntary release in no way prohibits them from bringing charges later. Your brother should retain an attorney to represent and defend him.


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