Q: My fiance is being charged for vehicle theft, while already in custody, how can he fight that.?

A: I understand this is a stressful situation. Here are a few key points about fighting additional charges while already in custody in California:

1. Penal Code 1381 allows a defendant already serving a sentence to request the court to bring him to trial within 90 days on any other pending charges. The 1381 demand must be in writing and served on the district attorney.

2. To run the sentences concurrently (at the same time) rather than consecutively (one after the other), your fiance would need to either negotiate a plea deal that specifies concurrent sentencing or convince the judge at sentencing to impose concurrent terms, which is at the judge's discretion.

3. Realistically, the best path forward is for your fiance to have his attorney advise him of his options. The attorney can assess the evidence, file the 1381 demand if appropriate, attempt to negotiate a favorable plea bargain with concurrent sentencing, and advocate on your fiance's behalf at trial or sentencing.

4. If your fiance doesn't have an attorney, he should request the court appoint a public defender to represent him on the new charges. He has a right to counsel.

5. You can support your fiance by helping him communicate with his lawyer, gathering positive character references, and demonstrating his ties to the community and prospects for rehabilitation.

I'd strongly encourage your fiance to rely on the advice of a criminal defense attorney in formulating his strategy. The stakes are high and the law is complex. Wishing you both all the best as you navigate this difficult time. Let me know if you have any other questions!