Legal Question in Criminal Law in California

Re: warrants

Assuming the Inmate was sentenced on another case and the warrant is from another County Prison Inmates file a 1381 demand. The prisons are familiar with this and have the forms. The demand is sent to the DISTRICT ATTORNEY in the County where the warrant originated. The Prison has a procedure for the certification of mailing for the demand. If the Inmate had an attorney a copy should be sent to the attorney. It is an absolute requirement that the demand go to the DA...otherwise it is ineffective.....

If the warrant is a probation violation warrant, a demand for sentencing in abstentia can be done without the Inmate being transported. This is a motion to be filed by Counsel of record.

DJM

Re: warrants

Thanks for your posting. It's generally more difficult for inmates to handle their own warrants, since a warrant in most courts requires a personal appearance, or, if allowed by the court and by statute, appearance by an attorney. A request for transfer within the facility where the inmate is should do the trick -- otherwise, a motion to transfer the inmate filed with the court might have to be brought. Please email me if you have any further questions, and thank you.