Q: My friend is serving a 1 year sentence in merced county, and filed a 1381 in March in fresno county. He was told that
My friend was told by an officer in merced county that June 14th was the 90th day from when fresno county received his 1381. He was supposed to be released on June 16th from merced, for time served, but is being held for fresno county. How long can he be held? He was told that they were giving fresno 5 days to pick him up
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California Penal Code Section 1381, if a defendant has been convicted in one county and has a pending case in another county, they can demand to be brought to trial or for sentencing within 90 days in the other county.
If Fresno County received the 1381 demand in March, and June 14th was indeed the 90th day, then Fresno County had until that date to bring your friend to trial or for sentencing on the pending case.
However, the actual transfer of custody from Merced County to Fresno County can take some additional time after the 90 days have passed. The 5-day period you mentioned is likely the time frame that Merced County is allowing for Fresno County to complete the transfer.
If Fresno County does not take action within a reasonable time frame after the 90 days (usually a matter of days, not weeks), your friend's attorney can file a motion to dismiss the Fresno County case based on the violation of the 1381 demand.
It's important to note that the exact time frames can vary slightly depending on the specific circumstances and the counties involved. For the most accurate information, your friend should stay in close communication with his attorney, who can provide guidance specific to his case.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
