Husband is being sentenced for Res Burglary in one county and another county has a hold on him since he was bailed. It's much less severe in the other county but its my understanding that a motion needs to be filed in the other county with a particular penal code that will either dismiss or run concurrent to the county he is being sentenced in. I kindly ask if someone can assist with the penal code so I can look into it further. TY in advance!
A 1381 demand can be made. It can only be made by your husband while he is in custody. the jailers should have the right form. Your husband and a jailer signs it. Then it is sent to the district attorney of the other county. The district attorney then has 90 days to pick him up and to bring him to trial. If this does not happen the case should be dismissed.
First of all, which 2 counties, Ventura and LA? Is he receiving a jail or prison sentence? If the case in which he posted bail is still open, he should have filed a 1381 PC demand to be brought to the other county to face his charges. What is the other case? We need these details to properly answer your question.
Further, since he was charged with a strike (Residential Burglary) you really should be asking the attorney who represented him. Lastly, it is up to the LAST court that sentences him to state whether the sentences are to run concurrently or consecutively. Some crimes, such as PC 288, require that the sentences run consecutively.
Best of luck.
In order to answer your question you will have to provide more specific information. Rather than have me ask you a series of questions, I suggest you seek the advice of a defense attorney in your are and give that attorney all of the information.
There are details that need to be discerned to answer your question. His attorney or attorneys will have those details, and instead of trying to figure this out on your understanding, I suggest that your husband speaks with his counsel who will have the answer.
Any answer given by me on this website is not reliable legal advice because it is based on the limited information posted by the asker. The answer specifically does not establish any attorney/client relationship and is meant solely to give general advice with the hope that the asker has a better understanding of how to proceed with their legal issue.
Way too many details are missing. An attorney is needed and must be involved somewhere in this situation.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
As others stated the penal code provision you are searching for is section 1381. As others also stated he simply needs to ask for the form in whatever facility he is being housed. This forces the other county to have to either bring him before their court to face those pending charges or the charges are subject to dismissal if the DA fails to properly bring him before the other county.
Once he is in the other county it is up to the DA (if a plea arrangement can be struck) or the court (if convicted at trial or enters a plea to which there is no agreed upon sentencing). At this time his attorney (and he definitely needs one whether private or court appointed) can try to get a concurrent sentence. A concurrent sentence is not a given. However, what he doesn't want to happen is to serve his time then upon release be brought before that other county for the outstanding warrant that will be waiting for him and then not have the ability to try to negotiate a concurrent sentence, or a shorter sentence given what he is already serving. Always better to make a 1381 demand to have more options, even though there is no certainty he will get a better deal.
Once he is sentenced, he can file a 1381 demand on the other county. They will then have to bring him to trial or dismiss the case against him.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
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