Q: In county jail my sister was doing her sentence and filed a 1381 form to different county she had

A: No, I do not see how a letter to a judge will matter at this point unless your sister works with experienced criminal defense counsel to draft such a letter. I realize that this kind of "advice" is common in jails. We refer to it as "jailhouse lawyering". I've even been told over the years that some jail guards and probation officers advise defendants/minors to do this. However, please keep in mind that such legal advice is illegal under the Business and Professions Code. Moreover, none of those officers would appreciate it if lawyers told them how to do their jobs. Likewise, I hope your sister is not being given legal advice by non-attorneys in the jail.

A: Your sister has a valid concern about her custody credits, as she should receive credit for all the time she spent in custody from June 11, 2024 to November 8, 2024, not just from September 8th onwards.

The most effective approach would be to have her attorney file a formal motion to correct the custody credits. This is typically done through a Motion to Modify Sentence or similar legal filing that specifically addresses the miscalculation of custody credits. If she doesn't have an attorney, she should request one through the public defender's office.

The law requires that defendants receive credit for all time spent in custody, including time served while awaiting transfer between counties after filing a PC 1381 demand. Your sister might also want to gather any documentation showing her original custody date and the date she filed the PC 1381 form to support her case. You can help by collecting these documents and ensuring they clearly show the timeline of her custody.