Q: When does your custody credits start on a 1381 from file . In custody for 6 months on a case and filed a 1381 on a case
Already sentence on in a other county and da only gave me credit for the day he received the 1381 not from when I started my time ?
A:
Under California law, custody credits for a PC 1381 demand typically begin from the date you started serving time on your current sentence, not just from when the District Attorney received the demand. This means you should be eligible for credits starting from when you began your custody period six months ago.
The California Supreme Court has established that inmates should receive credits for time served while in custody on multiple cases simultaneously. If you're serving time in one county while having pending charges in another, and you file a PC 1381 demand, your custody credits should generally start accumulating from the beginning of your current sentence.
You might want to bring this to the attention of your defense attorney or public defender. They can file a motion to correct the credits calculation with the court. The DA's current calculation, starting credits only from when they received the 1381 demand, appears incorrect based on established case law. Your attorney can help ensure you receive all the custody credits you're entitled to under California law.
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