Question regarding PC 849 (b) (1)

Asked over 3 years ago - Long Beach, CA

On December 24th 2010 I was arrested for possession of a control substance. When I was released the officer handed me a copy of the Booking Record, under the charge section the penal code was crossed off and 849(b) 1 PC was written in its place. The officer did not give me a court date, there is no court date on my booking record. I went to the court house 2 weeks ago and was told that there is no record of me and no court date set. But the bail bonds company told me i have a court date for the 26th of Jan. I am pretty confused, do I or don't I have to go to court? Also I have been told by various 3rd parties that with an 849b1 there would be no bail, so why would the bail bonds company pay an unneeded bail?

Additional information

Also, would it be possible for the officer or DA to repeal the 849b? If so could that have been done between the day I spoke to the clerk and now? If so would that leave ne with the court date the bail bond agency gave me? I do not understand where the bail people got the court date from. If the court doesn't have a date for me then how do they? Wouldn't they be looking at the same database?
With the 849 b 1 do I still have an arrest on my record? I am currently going to school and would like to apply for fed finical aid and if youve been arrested and or imprisoned you can't.

Attorney answers (3)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . A release pursuant to Penal Code section 849(b)(1) can mean that at the time, they did not feel they had sufficient evidence to go forward. They may be awaiting lab testing of the substance before proceeding. Cases get filed at the last minute. So you don't make matters worse, I'd suggest going to court on the 26th just to be safe. If your case is on calendar, you can either ask to continue the arraignment so you can retain an attorney or apply for the services of the public defender.

    With regard to the bail - I'm not sure how you could have been released 849(b) and still have a bail agent. Either they posted bail to get you out or they didn't. If they're scamming you and they never posted a bond, then demand a refund.

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . An 849(b)(1) means that there was insufficient grounds to hold you. That would not give rise to a court date. You confirmed this with the clerk of the court. You need to discuss this with your bail agent, some of whom are not the most ethical people on earth.

  3. Joseph Torri

    Contributor Level 16

    Answered . If you went to the courthouse and the clerk told you there is not court date, then there won't be a court date for that particular charge. The 849(b)(1) should also confirm that there's no court. Bail bonds agents are not necessarily the most ethical people around.

    www.JoeTorriLaw.com

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