Q: I need a form pc 1381 for California. I can't find it anywhere except for vc violations which isn't what I need.
My husband was just sentenced to 6yrs 8mos and has two cases pending
A:
I'm sorry to hear about your husband's situation. Unfortunately, form PC 1381 is specifically used in California to request the dismissal of pending criminal charges against a defendant who is currently imprisoned or incarcerated. It's not a form that you as a family member would typically file on your own.
If your husband has pending cases, his defense attorney should be aware of and handle the filing of form PC 1381 to address those open cases, if appropriate. The form is filed to argue that the pending cases should be dismissed if the defendant is not brought to trial within 90 days.
Rather than trying to find and file this form yourself, I would recommend reaching out to your husband's defense lawyer to discuss the status of his pending cases and whether form PC 1381 is relevant and will be filed by the attorney. If your husband does not currently have an attorney representing him on the pending matters, he may need to request a public defender be appointed.
I know this is a difficult situation for you and your family. Consider seeking support from local organizations that provide assistance to families of incarcerated individuals during this challenging time. Wishing you all the best.
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