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1381 form demand for trial Preview on Page 1

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A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more. For example, if a person has been sentenced to prison for 16 months, and a new case is filed against them while they are in prison, they can make a 1381 Motion to be brought to trial.
Penal Code § 1385 allows a judge to dismiss a case \u201cin furtherance of justice\u201d 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.
Penal Code 1382 PC \u2013 Speedy Trial Rights & Grounds for Dismissal. Penal Code 1382 PC is the California statute that requires criminal trials to begin within a set time after a defendant's arraignment. For felony cases, the window is usually 60 days. For misdemeanors and infractions, it is 30 or 45 days.