Legal Question in Criminal Law in California
If i did 2 sentences one in santa clara county and monterey county. i filed a 1381 2 times. once from santa clara county and one from monterey county. san benito county didnt pick me up from moneterey county. i had a warrant in san benito county for probation violation. should that case be dismissed because they failed to get me within the 90 days?
2 Answers from Attorneys
Nice try, no brass ring. The case and warrant remains active, regardless of their failure to pay to 'extradite' you. Hire a local attorney to deal with the warrant and case and get it behind you.
The failure of the county to bring you to court is not determinative. I've litigated a few of these. However, it helps if there otherwise have been delays caused by a deprivation of your Sixth Amendment Right to a Speedy Trial.
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