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Legal Reference Question of the Week

By Benita on May 30, 2013//Leave a comment
attorneys at a table with law books

Q: Where can I get Form 1381?

 

It turns out that the patron was referring to Section 1381 of the California Penal Code which states:

 

“Whenever a defendant has been…sentenced to and has entered upon a term of imprisonment in a state prison or…in a county jail for a period of more than 90 days…and at the time of the entry upon the term of imprisonment…there is pending, in any court of this state, any other… criminal proceeding wherein the defendant remains to be sentenced, the district attorney of the county in which the matters are pending shall bring the defendant to trial or for sentencing within 90 days…In the event that the defendant is not brought to trial or for sentencing within the 90 days the court in which the charge or sentencing is pending shall, on motion…dismiss the action.”

 

Because the patron was not brought to trial within 90 days on a traffic violation, the patron was looking for a sample motion to dismiss the action.

 

Once I identified that the patron was referring to a section of the penal code, I was able to use the table of statutes in California Criminal Law Practice & Procedure to refer the patron to Chapter 19 & 25 which explains dismissals under PC § 1381. For a  sample motion to dismiss under PC § 1381, a template is available in Chapter 19 of California Criminal Law Forms Manual.

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