West Brom boss Roy Hodgson has included recalled defender Gonzalo Jara in the squad for Tuesday's clash at Newcastle, despite his weekend arrest for alleged driving offences.
Jara has been recalled from a loan spell at Brighton along with midfielder George Thorne (Portsmouth) and striker Marc-Antoine Fortune (Doncaster).
The Chile international was detained when police stopped an Audi Q7 sportscar on the south coast on Saturday morning and he missed Brighton's home game with Burnley because he was in police custody.
Jara has been charged with driving while disqualified and driving without insurance and bailed to appear before Brighton magistrates on January 20.
Hodgson, who confirmed Jara will be part of his squad at St James' Park, said: "We are obviously not happy about the situation and I'm pretty sure he is unhappy about the situation. At the moment it is being taken care of by the police. I think he (Jara) is summoned to appear in court in the new year.
"Until such time that the court case comes up, and we hear what he is being accused of, and why, the best thing for us is to say as little as possible other than we are disappointed to see he finds himself in this situation."
Hodgson insists he is relaxed about his own future - his current contract ends next summer - and is reluctant to become involved in speculation linking him with the England head coach's role when Fabio Capello quits next summer.
He said: "Summer is a long way off yet. There is a long way to go between now and the summer. We will see how things pan out but neither I or the club have got any concerns in that respect (about the contract).
"We will see how things go and I prefer to concentrate on the games and trying to get us onto safer ground rather than worrying about my own personal situation."
When asked about speculation linking him with the England role, Hodgson said: "I don't know about that. I think speculation about those things is dangerous both for the individual and the country.
"The Football Association should be allowed to do their research and their work in relative peace and quiet. Most important of all, it's important England do well in the 2012 Championships.
"Our focus should be on England doing well in 2012 and spend maybe a bit less time speculating about whose going to be there (as head coach) from 2012 onwards."
Hodgson has challenged his players to maintain the form shown in Saturday's 2-1 win at Blackburn.
He said: "I was happy to win that game just as I was disappointed to lose the one previous against Wigan but in both games we played quite well. If we can keep that going, hopefully we will have high hopes of finishing the season well."
Midfielder James Morrison is ruled out with a hamstring injury suffered at Ewood Park but is expected to be back for the Boxing Day clash with Manchester City.
Graham Dorrans and Jerome Thomas are in contention to replace the Scotland international.