1381 Form PDF
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People also ask 1381 form demand for trial
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What is a 1381 form for inmates?
What is a 1381 form? A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more.
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How do I file a 1381 motion?
How do I file a 1381 motion? How and What to File. There are no formal requirements for the motion. The prisoner addresses a written communication to the relevant District Attorney by county and name and identifies it as a 1381 motion request.
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What is the penal code section 1381 demand?
Under Penal Code section 1381, a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other “pending . . . criminal proceeding,” anywhere in the state, in which he “remains to be sentenced.” (Pen. Code, § 1381.)
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How do I file a 1381 motion?
A 1381 can also be filed by am attorney, or signed by the inmate and delivered to the DA by a relation (usually sent Registered or Certified mail, but could also be personally served using a Proof of Service). You might be able to get a firm motion at your local Law Library.
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Do you need to be sentences in order for your 1381 form in California?
In order to make a PC 1381 Motion (or Demand) several conditions must apply. You must be presently incarcerated on a sentence of 90 days or more while another charge is pending. That other charge referenced in the previous sentence is the subject of the PC 1381 Demand.
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What is the 1381 form?
A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more. For example, if a person has been sentenced to prison for 16 months, and a new case is filed against them while they are in prison, they can make a 1381 Motion to be brought to trial.
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What is a 1381 demand for trial?
Under Penal Code section 1381, a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other “pending . . . criminal proceeding,” anywhere in the state, in which he “remains to be sentenced.” (Pen. Code, § 1381.)
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