Legal Question in Criminal Law in California
Someone in my family was sentences and was sent to Delano, California and a paper states they want a 1381 form for trial. We also got a paper stating a warrant is out for his arrest even though he's in prison. We, including this family member, have no clue what it means and what's it about. Can anyone please help us by explaining in details what this 1381 form is and what we should do? Thank you!
2 Answers from Attorneys
He can file a 1381 demand with the county where the warrant is. They then have 90 days to being him to trial or the case is dismissed. It is designed so if he wants to resolve the case, he can either get concurrent time or at worst consecutive, but at the 1/3 the middle term rule.
I agree with Mr.Dane. He should be able to get the form at the prison .
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