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What is a 1382 motion?

U.S. citizens have the Constitutional right to receive a speedy trial. The state of California supports this right through Penal Code 1382. PC 1382 covers the states speedy trial rules. These rules detail when a criminal trial must begin after an arraignment hearing for misdemeanor or felony charges.

How do I file a 1381 motion?

How and What to File. There are no formal requirements for the motion. The prisoner addresses a written communication to the relevant District Attorney by county and name and identifies it as a 1381 motion request.

What is dismissed 1385 PC?

Penal Code 1385 allows a judge to dismiss a case in furtherance of justice without even a request to do so by the defense attorney or defendant. This provision is rarely exercised by a judge without a request by the prosecutor.

What is a 1381.5 motion?

Motions to dismiss (or try or sentence) a prisoner are brought under Pen C 1381.5 when the prisoner is in a federal prison in California serving time on another case.

How do I file a 1381 motion?

How and What to File. There are no formal requirements for the motion. The prisoner addresses a written communication to the relevant District Attorney by county and name and identifies it as a 1381 motion request.