Notice to new members intending to register - from January 9th 2012

Rlsbby4eva · #1 03-07-2012, 11:34 AM

Do I call the county n ask if they'll b picking him up? Call pd?

**traviesita** · #2 03-12-2012, 04:35 PM

If he up to get sent to state he will go. What might happen is that at the end of his sentence that hold will come up...

Patrickj · #3 03-16-2012, 11:51 AM

Quote:

Originally Posted by traviesita

If he up to get sent to state he will go. What might happen is that at the end of his sentence that hold will come up...

If he is sentenced to prison Off he goes then the county will place a hold on him. Once he gets processed through reception and assigned to a facility he needs to look in the hold through his counselor. Then he may be able to file a 1381 from inside the institution to the county which has the hold on him
A 1381 is a demand for a speedy trial for charges against a person with in the State of California. Once he ( the counselor) fills out the required paper work the county with the hold on him has a set amount of time to either prosecute or dismiss the charge(s) The 1381 must be done from the inside Here is a link to the Ca Penal Code Section 1381 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1381-1388
If this hold is in another state other then California he would use 1389

speedysgrl83 · #4 03-15-2012, 12:25 AM

Normally what happens is about a week or so before the inmate is set to parole, the institution he's at will check for any outstanding warrants. The institution calls the county & lets them know what date the inmate will parole & generally that county will have him picked up. Hope this helps.

Rlsbby4eva · #5 03-15-2012, 10:58 PM

Oh crap..so after he's done serving time for this cases he still has to go n serve for the pending case? Is there anyway he can serve for everything at once. He asked a c.o where he is at and they told him he his sp doesn't change( he has a week already n no sp change) because he has that damn hold. N as I understand he needs to have an sp4 before he can get picked up. M I correct?

Rlsbby4eva · #6 03-16-2012, 04:48 PM

Thank every much Patrick this was really helpful

cchavez · #7 03-20-2012, 11:01 PM

hi i have a question about the 1381 link sent above...the district attorney sent an order of removal for my husband back in january and they still have not brought him for the refiled case he is facing...so if the 90 days goes by without them bringing him then does it get dismissed?he is currently doing a parole violation and his release date is next month?

Patrickj · #8 03-22-2012, 12:11 AM

Quote:

Originally Posted by cchavez

hi i have a question about the 1381 link sent above...the district attorney sent an order of removal for my husband back in january and they still have not brought him for the refiled case he is facing...so if the 90 days goes by without them bringing him then does it get dismissed?he is currently doing a parole violation and his release date is next month?

Alright I am going to use the wording from California Penal Code section 1381 here and I quote "

"In the event that the defendant is not brought to trial or for sentencing within the 90 days the court in which the charge or sentencing is pending shall, on motion or suggestion of the district attorney, or of the defendant or person confined in the county jail or committed to the custody of the Director of Corrections or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the action.
it is hereby made mandatory upon the district attorney of the county in which the charge is filed to bring it to trial within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial upon the charge, unless a continuance is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court, in which event the 90-day period shall commence to run anew from the date to which the request or consent "
Further reading of this section also explains that if the above isn't done. That the Department of Corrections , or County jail which has custody of the individual should seek a motion to dismiss.
From reading all of that I pick up that if the 90 days passes and they don't come and get him they are suppose to seek a motion to dismiss

cchavez · #9 03-22-2012, 01:54 PM

Quote:

Originally Posted by Patrickj

Alright I am going to use the wording from California Penal Code section 1381 here and I quote "

"In the event that the defendant is not brought to trial or for sentencing within the 90 days the court in which the charge or sentencing is pending shall, on motion or suggestion of the district attorney, or of the defendant or person confined in the county jail or committed to the custody of the Director of Corrections or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the action.
it is hereby made mandatory upon the district attorney of the county in which the charge is filed to bring it to trial within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial upon the charge, unless a continuance is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court, in which event the 90-day period shall commence to run anew from the date to which the request or consent "
Further reading of this section also explains that if the above isn't done. That the Department of Corrections , or County jail which has custody of the individual should seek a motion to dismiss.
From reading all of that I pick up that if the 90 days passes and they don't come and get him they are suppose to seek a motion to dismiss

ok but my husband never filled out a 1381...the day the were suposed to bring him to court but didnt i went and told the attorney and judge that he was in prison then they sent an order of removal for him...does that still count for the 90 days?

Patrickj · #10 03-23-2012, 11:03 AM

Quote:

Originally Posted by cchavez

ok but my husband never filled out a 1381...the day the were suposed to bring him to court but didnt i went and told the attorney and judge that he was in prison then they sent an order of removal for him...does that still count for the 90 days?

NO. If there was never a hold placed against him and a 1381 was never filed by your husband. A demand for speedy trial was never sought or, requested ( P.C 1381 demand for speedy trial).
Has your husband ask if he has any holds against him . By asking his counselor or checking with records at the facility where he is at ?

cchavez · #11 03-23-2012, 11:21 AM

Quote:

Originally Posted by Patrickj

NO. If there was never a hold placed against him and a 1381 was never filed by your husband. A demand for speedy trial was never sought or, requested ( P.C 1381 demand for speedy trial).
Has your husband ask if he has any holds against him . By asking his counselor or checking with records at the facility where he is at ?

when i look it up online it does say he has a warrent but he seen his counselor last month and he told y husband there was no warrent.i even asked records if there was a hold from our county and they acted like they were confused and didnt know anything about a hold they just gave me the number to parole

yourself · #12 03-16-2012, 12:45 AM

Unless he does something about it, the hold stays on, he does his time, and then he'll get transferred after he's released from his current bid.

CenTexLyn · #13 03-16-2012, 05:06 AM

Depending on the State, the transfer to prison CAN occur with the detainer following them. The agency lodging the detainer can then either bench them back to address the issue OR they can choose to wait and exercise the detainer at the time of the release on the other sentence. You will want to ensure that the detainer gets placed though so that it can help ensure proper time credits on the custodial backtime...