Legal Question in Criminal Law in California
Code 1381
My son's public defender instructed him to request a 1381 demand while he is in county jail, in order to go to the next county to deal with a drug diversion order that he was unable to fulfill, due to being immediately transferred and incarcerated in the next county for an old outstanding warrant. my son indicates that the jail will not comply with his request. they tell him that he had to make the request '1381 demand' within 90 days of being in jail. he is there for 8 months. can you please tell me the facts about this situation? it is most frustrating because the co that ordered drug diversion knew that he was being transferred to the next co and should have noted his file somehow so that he did not appear to be in violation of the diversion order. it is very sad--he is a good kid with an unfortunate drug addiction that he has worked very hard to oversome and had to deal with this old warrant (fair enough) but is now being tossed around the most horribly inefficient 'system'. Thank you!
3 Answers from Attorneys
Re: Code 1381
If he is in San Diego County, LA County or Riverside COunty I will be able to make an appearance for him. Call me directly at (619) 501-3608.
Re: Code 1381
Sir/maddam. Go to this link:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1381-1388
The first section is 1381 Cal Penal Code. The essential problem seems to be that this request has to go to the district attorney of where the diversion is, not the jail. Further, it looks to me that the jail people are not reading it correctly. Read it carefully. It seems to say that if he is sentenced to more than 90 days, then, within 90 days of a request to the DA of where the other charge is, that other DA is supposed to bring him before the other court. But it looks like you have to direct a letter to the DA of the jurisdiction where his diversion is, then the DA will have to address this within 90 days of the letter. But, you probably should contact a local criminal attorney before committing to contacting the other DA's office.
Re: Code 1381
The purpose of 1381 is to force the police and dictrict attorneys to take care of any pending case immediately, rather than wait for the currrent sentence to end and then prodecute the the pending case. Although it may on occasion interefere with the case being processed as one wishes, but it usually saves the suspect time in jail.
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