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 . . .

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Answered on 7/19/09, 6:29 pm


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