Houston, TX asked in Criminal Law for California

Q: My daughter is in prison in cal. She has sent in a pc 1381 I also sent one she sent me the case is still open over a yea

It's been over a year now and she due for release in March 2025 yet there's a warrant on her on the open case

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James L. Arrasmith
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Answered

A: Under California Penal Code 1381, your daughter has the right to request resolution of pending charges while serving time in state prison. This law requires that pending charges be brought to trial within 90 days of the request, or they must be dismissed.

If both you and your daughter submitted PC 1381 demands and more than 90 days have passed without action, you should contact the public defender's office in the county where the open case exists. They can help file a motion to dismiss the pending charges based on the violation of PC 1381 time limits.

The outstanding warrant could potentially affect your daughter's release date, so it's important to address this quickly. Consider reaching out to the court clerk in the county with the open case to verify they received the PC 1381 demands and to check the current status. You might also want to contact her current prison counselor, who can help coordinate with the other jurisdiction about resolving the pending case before her scheduled release.

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