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DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25285
Experience:  Attorney
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1381 was file in AUGUST 2009, A copy was also sent to efendants

Customer Question

1381 was file in AUGUST 2009, A copy was also sent to efendants attorney. The attory did nt follow up on the 1381 demand for trial. The DA denied receipt of the demand for trial. When discovered that the DA never processed the form, a copy of the inital 1381 was hand delivered to the DA office on November 2009. The DA did not start the clock until November 2009.The defended was released from state prison Jan 4 2010 on a prior conviction for which his time was served, picked up by alameda county before he could even leave the state institution stood trial and convicted on Jan 28 2010. My question is, can he appeal on the facts that his constitutional rights have been violated because the DA did not process the 1381 in August reflected by the dates on the form.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  DCrane Law replied 7 years ago.
Thank you for the post, yes he can appeal on the failure to comply with 1381. In sum, as you probably know, 1381 requires the DA to have brought charges within 90 days if receipt of the 1381.
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Customer: replied 7 years ago.
As stated above in my previous question, the DA claimed to not have recieved the 1381 in August 2009. Therefore, the DA did not start counting until I sent them a copy ofthe 1381 in November. So, between November and January 28 when he was convicted was within 90 days. What my question was, and still is; do i have grounds to appeal based on the initial time the 1381 was sent even though the DA denied reciept of the form 1381 in August. The dates on the form clearly have July/August dates.