Matthew J. Ruff Criminal Law Blog on Lawyers.com

Long Beach Attorney Explains Rights Under Penal Code 1381

Monday, April 18, 2011 by Matthew J. Ruff

In California if a person is in jail on a criminal case and has another case pending against him, he may request a speedy resolution of that case. Penal Code §1381 provides that a defendant who is incarcerated on a misdemeanor or felony conviction may request the speedy resolution of any pending “indictment, information, or any criminal proceeding wherein the defendant remains to be sentenced.” According to one Long Beach Criminal Defense Attorney When a defendant is placed on probation with imposition of sentence suspended for one offense and is subsequently incarcerated in state prison for a second offense, the defendant has a choice to request speedy sentencing based on his or her probation violation in absentia under Pen C §1203.2a (see §84.30) or under Pen C §1381 under which the defendant has the right to appear with counsel. People v Wagner (2009) 45 C4th 1039, 1053–1056, 90 CR3d 26.

Under Pen C §1381, the district attorney of the county in which matters are pending must bring the defendant for sentencing within 90 days of receiving the defendant’s written notice of his or her place of confinement and request to be brought for sentencing. One Long Beach Criminal Lawyer states that if the defendant is not brought for sentencing within the 90-day period and a continuance has not been granted on the defendant’s request or by his or her consent, the court must dismiss the pending probation revocation proceeding, not the conviction underlying the original grant of probation. Therefore the criminal record remains but no additional jail time can be imposed.

Judgment on conviction of a misdemeanor may be pronounced in defendant’s absence if the defendant is represented by counsel, or the defendant knowingly and intelligently waives the right to be present, according to a leading Criminal Attorney in Long Beach Pen C §§977(a), 1193(b); People v Kriss (1979) 96 CA3d 913, 919, 158 CR 420. Defendant’s presence may be required at sentencing, however, when the defendant is convicted of specified misdemeanor domestic violence or DUI offenses

Posted at 11:39 AM

Topic: Criminal Law