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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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