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Can I answer "No" to the following application question "Are you currently charged with committing a crime?"

San Diego, CA |

I was arrested over 3 years ago for 3 misdemeanors (drunk in public, resisting arrest, battery on a peace officer). Got bailed out and hired a lawyer. Lawyer went to the scheduled arraignment and reported back to me that the DA had "decided not to take action at this time" -- which I'm ASSUMING means they decided not to file charges. This happened in California. I have not heard anything about it since.

Attorney Answers 5


  1. Probably yes.
    Call th courthouse where the arrest took place and see if any charges were ever filled. All you need to give them is your name and birthdate. Then you will have a definitive answer.


  2. You can answer "no" honestly. If you're really concerned, check back with your old lawyer and ask him or her to confirm that no charges were ever filed, but in my opinion that's not really necessary here.

    Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal advice. Different lawyers may analyze this or any other matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am licensed in the state of California and the Central District of the Ninth Circuit.


  3. You should contact the attorney who handled your case for a definitive answer to your question. Normally, a letter from the prosecutor's office can be obtained stating charges were not filed, so you should attempt to get a copy of such from your previous attorney.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


  4. Mr Hagopian (as always) gives sound advice.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  5. If these were misdemeanor alleged offenses, you should be fine one year from the date of the occurrence(s). But why ask strangers on the internet instead of the original attorney you hired!?

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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