picked up fresh charge,appeared in court and sent back to face old charges for v.o.p and f.t.a. for drug court in tul. co. which i was participating in when sent to prison from kings co. i was told by judge that i had to do 30days to be reinstated back to d.c. or face 4yrs. county time.i chose d.c .but when i informed p.d. i had filed 1381 and he told me that was for misdemeanors only. judge then told me since id been to prison since those chrgs, he dismissed 30days. i was back in d. c. for bout 1 mo. when i was denied services because i didnt have money to pay for group services. i am in violation because i never appeared back in court. i would like to resolve this issue with the courts but would like second opinion on 1381 and what exactly it covered before i return
Your ramble is a bit confusing. But you question of whether 1381 demands apply to both misdemeanors and felonies - the answer is yes. A demand to be brought to court and face charges via a 1381 demand applies to both misdemeanors and felonies.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Criminal Defense Attorney
A 1381 Demand applies to both felonies and misdemeanors.
Your public defender told you the wrong thing.
A 1381 Demand, once filed, obligates the prosecution to remove you to local custody within 90 days to answer to the charges.
If the prosecution fails to do so, a Sixth Amendment issue arises, in that you were arguably denied the right to a speedy trial.
Depending on the overall delay in having you brought to answer the charges, you may have a "Speedy Trial" motion to file to have the charges dismissed for the government's depriving you of your right to a speedy trial. The cases that are most often cited on this issue are People v. Serna and Barker v. Wingo.