Legal Question in Criminal Law in California
Form1381
do you have to be incarcerated to file a form 1381?
Asked on 7/19/09, 5:26 pm
1 Answer from Attorneys
Jay Leiderman
Leiderman Devine LLP
Re: Form1381
Yes. Here is the text from teh beginning of the statute:
1381. Whenever a defendant has been convicted, in any court of this
state, of the commission of a felony or misdemeanor and has been
sentenced to and has entered upon a term of imprisonment in a state
prison or has been sentenced to and has entered upon a term of
imprisonment in a county jail for a period of more than 90 days or
has been committed to and placed in a county jail for more than 90
days . . .
Answered on 7/19/09, 6:29 pm
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