Legal Question in Criminal Law in California

Re: In prison for 7yrs

I will not say if there is a good chance or not. I do not know that exact circumstances of his cases. However, the new charge should have been brought at the same time as the other charge. In other words, he could have served the seven years concurrent with the two charges.

A notice might have been able to be made when he was sentenced to the seven years to the DAs office to bring charges against him at that time. If the DAs office did not bring charges, but now elects to do so, you could make the motion to dismiss any new charges that could have been brought at that time.

I suggest hiring an attorney to look at the specifics of the case and argue on his behalf that the new charge should have been brought seven years ago so he would have had the opportunity to serve both sentences at once.

If you would like to discuss things further feel free to contact me. best of luck.

Re: In prison for 7yrs

Warrants never expire. However, because your husband has been in prison and available to be prosecuted on the 2002 robbery charge, he might have a pretty good argument that his speedy trial rights have been violated or that he had the right to be sentenced to a terms concurrent with the other offense(s).

Consult a lawyer to explore possible solutions to your husband's situation further.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: In prison for 7yrs

There are a couple ways he could get this dismissed -state speedy trial right (penal code 1381) or federal constitutional speedy trial right.

If at the time of his sentencing, he made a P.C. 1381 demand (speedy trial demand) in writing to the prosecutor, then the prosecutor had 90 days to bring him to trial.

The prosecutor has the responsibility to notify the accused of their rights under 1381 - so if your fiance can show that he was not informed of his right to make a 1381 demand than his failure to make a 1381 demand will be excused.

And, lastly, even if there was no demand made and no excuse for not making it, he would still have a right to a speedy trial under the federal constitution. The state has the obligation to exercise due diligence in finding defendants in warrant status. Can't let a warrant sit open for years while the guy can easily be found in prison.

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