Legal Question in Criminal Law in California

It is a bunch of nonsense written that way. Penal Code section 849 provides for the release of a person from custody. It is not a charge.

A release under 849(b)(1) means police did not have enough evidence to file a case [at that time]. She was released without charges being filed or 'pressed' by police.

However, cases get filed later all the time. If she gets a DA notice of court date in a letter, it means a case is filed and on calendar.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

It looks like from what you wrote that she has been arrested several times in the past, but released without charges being filed. That release section is moist often used when a person is arrested for public intoxication.