Legal Question in Criminal Law in California

Can an inmate file a 1381 based on a court order to assign a public defender to review dna viability when the county never assigned a public defender and now the dna evidence is degraded? Will it do him any good in getting the cases in question dropped from his current incarceration to reduce his sentence?


Asked on 9/21/11, 1:34 pm

1 Answer from Attorneys
Kimberly Burke Law Office of Kimberly R. Burke

A 1381 demand is used when a person already serving time has pending charges in another court. It is a demand to be brought to court on the charges pending so they may be resolved before they are due to be released instead of having a warrant when they are finished serving the current sentence.

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Answered on 9/22/11, 5:18 pm


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