Legal Question in Criminal Law in California
my husband is currently incarcerated until May 1st. he has a case pending in another county. To run the cases concurrent what needs to be done?
Asked on 10/26/09, 6:45 am
1 Answer from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
Since he is serving a sentence of 90 days or more, he can send a Penal Code 1381 demand to the District Attorney in the county where charges are pending. They would have to bring him to trial within 90 days or dismiss the case. His attorney on the current case may help him ske sure it is properly completed and sent to the right place.
The judge in the county of the pending case would decide whether the sentences would be concurrent or consecutive. Of course, your husband wouldn't get ANY time on the pending case unless he's convicted first.
Answered on 10/31/09, 7:10 am
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