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PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • 25 Aug, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • 26 Jul, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • 21 Nov, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Can I File a Penal Code Section 1381 Demand?
Sep 23, 2016

Under California law, a person serving a prison or county jail term of more than 90 days with criminal charges pending in California can file a Penal Code section 1381 demand on the prosecuting attorney.  The reason for filing such a demand is to allow the court the opportunity to sentence the person to a concurrent term that will run at the same time as the prison or jail term the person is already serving.

Once the prosecutor received the 1381 demand, he or she must bring the person making the demand to trial within 90 days or the charges will be dismissed.  The person making the demand must physically be in jail on the jail sentence, or in prison on the prison sentence in order for Penal Code section 1381 to apply.  (See People v. Gutierrez (1994) 30 Cal.App.4th 105.)

If the prosecution does not bring the person to trial within 90 days after receiving the 1381 demand, the case must be dismissed regardless of whether the prosecutor can present good cause for the delay.  (See Crockett v. Superior Court (1975) 14 Cal.3d 433.)  However, the prosecutor may refile charged dismissed under Penal Code section 1381 if the two-dismissal rule of Penal Code section 1387 does not bar further prosecution.  ( Crockett v. Superior Court ; see also People v. Eldridge (1997) 52 Cal.App.4th 91.)

The problems most commonly associated with a failed Penal Code section 1381 demand arise with proof of when the prosecutor actually received the required notice.  (See, e.g., People v. Contreras (2009) 177 Cal.App.4th 1296, 1300.)  I always require either personal service on the prosecutor’s office with a written proof of service, or send the notice certified mail that requires a return receipt.  This way the defense can prove the actual date of receipt of the demand.

If you are looking for an experienced, reliable criminal defense attorney who understands all aspects of resolving a criminal case, including the proper use of a 1381 demand, schedule an appointment on this web site or call to set up a time to meet and discuss your case.

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