Legal Question in Criminal Law in California

1381

What is a 1381 and what does it mean? My son is in prison about to be moved to a new prison but he had a misdemeaner case in San Bernardino county from 2001. They want him to sign a 1381 but he is afraid if he does it will mess up his move. He doesn't understand what it is or what it means.


Asked on 7/23/05, 1:53 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 1381

A penal code section 1381 informs the court the district attorney that he is in prison and that he wants to have the pending matter taken care of. This notice requires that he be brought to court within the specified time or the charges are dismissed. It is probable that the misdemeanor will be dismissed. If he does not sign the 1381 a warrant for his arrest will be enforced when he is released from prison. Even if this does delay his move it will remove this road block from his being released on time.

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Answered on 7/23/05, 3:33 am
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: 1381

Cal Pen Code � 1381 (2005)

� 1381. Right to speedy trial of person incarcerated for another offense

Whenever a defendant has been convicted ... and has been sentenced to and has entered upon a term of imprisonment in state prison ... and at the time of the entry upon the term of imprisonment ... in any court of this state, ... the district attorney of the county in which the matters are pending shall bring the defendant to trial ... after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment ...

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Answered on 7/23/05, 10:02 am


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