Recalled West Brom defender Gonzalo Jara has been included in the squad to face Newcastle by Roy Hodgson 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 20th January.
Hodgson, who confirmed Jara will be part of his squad at St James' Park on Wednesday night, 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."