I was arrested a month ago under PC 11377(A) when released from Jail a couple hours later my Booking sheet had the PC crossed of with 849(b)1 in it's place. After getting out went to the bail bond agency where they gave me a court date of 1/25/10. Went to court this morning and my name was not on the list. Went to the clerks office, nothing was in the computer she then went to the back and returned with a forum that has my booking number a new PC of 11350(a)(2)hs which I don't know the meaning of. I also have a new court date for 02/08/11. What does this all mean? Also there's a box checked that says "Due to investigation delay, a criminal complaint has not yet been files by the prosecutor with the court. Do not appear on previous date given. Instead appear as indicated below"
I was under the impression that an 849b1 meant that I was released on insufficients grounds for the arrest and that the arresting agency did not wish to pursue any further criminal complaint. Was I misinformed or did I not accurately read the penal code? Also with the 849 I've been told that no bail would have been paid, yet the bail bond agency my girlfriend contacted said they did in fact pay my bail. Is there anyway I can get proof of payment? I'm really confused by this entire matter, I've never really been in trouble and something of this magnitude is daunting. Also the substance was a prescription medication, if that helps at all to know.
Real Estate Attorney
PC 11350(a)(2) is possession of controlled substance that is a narcotic drug. 11377 was controlled substance not a narcotic drug.
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Criminal Defense Attorney
It sounds like the cop who arrested you either doesn't know his drugs or he doesn't know his code sections.
It is very common to be arrested on suspicion of one crime, and then to show up in court and find out that you're actually accused of something completely different. In your case, the arresting officer picked you up on suspicion of possession of a "dangerous drug". 11377 is usually meth, but it can also be for ecstasy, mushrooms, PCP, etc. 11350 is usually heroin or some other opiate drug.
Don't worry about 849(b)1. That's just the code section that deals with the procedures that police follow when they're applying for arrest warrants.
As for the delay, it's also very common for defendants to appear in court on the date and time that they were told to appear, and to find out that the DA is not ready for them. This has been happening more and more frequently these days because of budget cuts in the courts. It doesn't mean you're off the hook, it just means that the prosecutors need more time to get their act together. Show up on 2/8/11 and find out what you're actually accused of.
A charging decision is made by prosecutors after reviewing the police reports. Sometimes there is a lag in receiving and reviewing the report. As long as the delay is not unreasonable (and it doesn't look so in this case), the case will proceed. Health and Safety Code section 11350 concerns possession of a controlled substance for personal use. February 8th will be your arraignment date, meaning the court will let you know the formal charges against you, you'll be assigned an attorney if you don't already have one, and you'll be told what to expect as the case progresses through the system. Good luck.