Legal Question in Criminal Law in California

can you file a 1381 form on a violation of probation or what is my alternative, I am on a nonrevokable parole in one county. I violated probation in another county, that I'm going to court on.


Asked on 9/16/11, 6:28 pm

1 Answer from Attorneys
Daniel Martin Law Office of Daniel K Martin

A person who has been sentenced to prison can file a 1381 demand while they are in prison. The procedure is intended to allow inmates to have all of their cases run together. Since you are out of custody it would not be a 1381 demand.

You could probably do a Serna motion. This is a motion that says that the government did not diligently prosecute you and as a result of their delay you have been prejudiced.

Consult with a lawyer for additional details.

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Answered on 9/21/11, 8:27 pm


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