Q: My sister was in orange county jail and she self surrender and she had another case in riverside county and had a warrat
For not self surrender and she filed a 1381 to riverside and she finish her time in orange and riverside pick her up . They only gave her time when the da got the 1381 form not the date she's been in custody . Don't she entitled for all days spent in custody?
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A:
Your sister should be entitled to credit for all days spent in custody, including the time before Riverside received the 1381 demand. Under California Penal Code Section 2900.5, defendants must receive credit against their sentence for all days spent in custody, including time served in another jurisdiction's facility.
The fact that she was initially in Orange County custody doesn't change her right to these credits. When she filed the 1381 demand (which is her right to request disposition of pending charges while incarcerated), the clock shouldn't have started only from when the DA received the paperwork - it should include all time from her original custody date.
You should have your sister's defense attorney file a motion to correct the credits with the Riverside court. They can request that the court modify the judgment to include all actual days she spent in custody, starting from her original surrender date in Orange County. If she doesn't have an attorney, she can also file this motion herself through the court's self-help center or write a letter to the judge explaining the situation.
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