Legal Question in Criminal Law in California

Re: criminal complaint

This response can only be very limited. Yes the State does maintain a data base for many things including DNA. That may be what this is. No, there does not have to be a actual court filing in order for the CDC to change the housing of a prisoner. Generally, there is no way for a 3rd party, including Grandparents, to obtain any information from the investigating agency, the CDC or any prosecutors office that may be involved.

Re: criminal complaint

This didn't happen because anyone kept investigating your grandson after he was convicted. Instead, it happened because law enforcement kept investigating the rape until they found a suspect. That the suspect was already in prison is irrelevant; why should someone be able to escape prosecution for one crime just because he's in prison for another?

The intitial rape investigation likely found no fingerprint or DNA matches in the various law-enforcement databases, but your grandson's information probably wasn't in the system at the time. The investigators periodically check their prints against the databases to see if a match has been added to the system, and discovered that your grandson's prints match those of their suspect. If the DNA they gathered from him also matches then he is in serious trouble.

The corrections department can move inmates pretty much at will, but this particular move was likely a security precaution. Inmates with serious charges pending against them often try to escape, and the camp he was in is less secure than the prison where they sent him.

When and if charges are filed, your grandson will be given notice. He will need a lawyer, and hopefully you will be able to help him get one.