Criminal history - Being held on custody = Being arrested?

[EasternDE 35]

So hrm...

When I was 18 (18 years ago...), I got held by the french police for 24h.

It was for telephone hacking, which was considered as fraud at that time.

They questionned me for many hours. They took my picture and fingerprints.

Finally I had nothing to do with the company that made the complain.

So I got released without any charge.

And after that day, I never had any news from this event.

I've never been to court.

Nothing is stated on my police records.

I'm french and I'm a bit confused with this kind of vocabulary.

When I entered the USA as a visitor I always said I've never been arrested.

So have I been arrested in the american meaning or no?

[Bobby+Umit 161]

Seems to me you were held for questioning - and nothing came of it.

Not arrested.

[thepizzadude 26]

I'm with Bobby on this one

[Deryck and Miho 0]

I would tend to agree with both replies so far... I am not familiar with how it works in your country, but it there a way you can obtain a record or not from the locality you were 'held' in advance? Just me, but I would feel better knowing for sure that none exists to avoid any surprises later in the process.

Good luck,

Deryck

[Bobby+Umit 161]

I would tend to agree with both replies so far... I am not familiar with how it works in your country, but it there a way you can obtain a record or not from the locality you were 'held' in advance? Just me, but I would feel better knowing for sure that none exists to avoid any surprises later in the process.

Good luck,

Deryck

Answered:

Nothing is stated on my police records.

If it was - it would be listed.

In the states, most municipalities can hold you for 24 hours without charging you with anything - then let you go, no harm, no foul...

[Deryck and Miho 0]

Answered:

Nothing is stated on my police records.

If it was - it would be listed.

In the states, most municipalities can hold you for 24 hours without charging you with anything - then let you go, no harm, no foul...

Wow, ok now I feel dumb... My eyes read right past that part. Thanks for pointing it out.

[I AM NOT THAT GUY 5,715]

Not so fast. If you were free to leave on your own accord at anytime, that is not an arrest. However, if you were detained for any reason, that could constitute an arrest.

ARREST - To stop; to seize; to deprive one of his liberty by virtue of legal authority.

http://www.lectlaw.com/def/a100.htm

Edited July 17, 2009 by Mister_Bill

[EasternDE 35]

I would tend to agree with both replies so far... I am not familiar with how it works in your country, but it there a way you can obtain a record or not from the locality you were 'held' in advance? Just me, but I would feel better knowing for sure that none exists to avoid any surprises later in the process.

Good luck,

Deryck

No, I can't get any kind of document about this. There's nothing such as a record of any type for that kind of event. It would even be very hard for me to get any information about it.

It wasn't "held in advance", that's for sure.

The thing is it happened 18 years ago, it's kinda blurry in my memory now.

The police came to my house with a search warrant and a judge authorisation for questioning, they took me and brought me home 24 later. End of the story.

The fact you used "held for questioning" made me remember the police officer showing the judge authorisation for questioning.

I checked Wikipedia and if you look for "being held on custody", they redirect you to "arrest"...!

And my american monkey keeps saying "My future wife is a criminal!!!" every 5 mns now!!!

[I AM NOT THAT GUY 5,715]

I would think if your police records are clear, that should do it. If you have to obtain your own records prior to the interview, then that should let you know what the CO knows.

[EasternDE 35]

For sure, I wasn't free to leave.

But as far as I can remember I wasn't "under arrest".

We also have a procedure with some magic sentences which legally puts you under arrest.

For sure, I didn't get it.

I wasn't under arrest but I got arrested!

I know this won't prevent me to get the visa.

But I'm not sure that mentioning this "event" would be a great idea neither...

[Frenchwife 1]

I don't think you were arrested.

Nothing has been recorded on your casier judiciaire.

Would Professor Gates say he has been arrested?

[thepizzadude 26]

I don't think you were arrested.

Nothing has been recorded on your casier judiciaire.

Would Professor Gates say he has been arrested?

Um yes, because he was for disorderly conduct, just because they dropped the charges does not negate the actual arrest.

[Mikkel 0]

The legal definitions vary so widely that you really should just ask the police directly if any previous detention constituted arrest.

Off topic, there's so much retro appeal about being detained on charges of phreaking. Gold star for you.

[Frenchwife 1]

true, I thought I was off topics

[EasternDE 35]

The legal definitions vary so widely that you really should just ask the police directly if any previous detention constituted arrest.

Off topic, there's so much retro appeal about being detained on charges of phreaking. Gold star for you.

Retro appeal as in? People who have been charged for phreaking in the late 80's or early 90's make appeal now?

I'm not sure I understand what you mean.

I've asked a friend who's working at the same kind of police that questionned me.

Well he said the same thing as you guys did, no record no harm.