The `Men In Black 3` star was partying with friends in Santa Monica on New Year`s Day (01.01.13) but the celebrations ended when he was booked by cops just before midnight and released at 7.14 the following morning.

A source told gossip website TMZ he was not given a citation for the arrest which means he won?t face any charges.

Friends insisted he merely "ended up having too much fun".

Josh - who has been married to actress Diane Lane since 2004 - previously revealed he was worried he might "ruin" the whole `Men In Black` series by appearing in the third movie.

He played Young Agent K in the film alongside Will Smith and Tommy Lee Jones - who reprised their roles in the sci-fi movie as Agent J and Agent K respectively - but he was concerned about how his co-stars might react to him joining the film franchise.

He said: "I thought, `Oh, yeah, this could be a career-killer. I could ruin an entire series, because I`m severing this great iconic duo, this great chemistry that people really enjoy`.

"If someone came to my franchise and said, `Listen, you`re still going to bookend it, but we`re going to bring in this younger guy instead`, I can`t imagine I wouldn`t be like, `Huh? What are you talking about?` I don`t know if he felt like that. And if he did he`d never tell me."
sections: Celebrities