Legal Question in Criminal Law in California
I am having a hard time finding a penal code 1382 form.
My who is incarcerated says that they will not give her one so she is wanting me to mail her one.
Would you know where I could get this form?
2 Answers from Attorneys
There's no form for that. That usually takes the form of a motion filed by an attorney on what is commonly called pleading paper. Your "who" needs an attorney.
Penal Code 1382 is the section that sets out the "speedy trial" time limits.
Since you mention that your person is incarcerated I'm wondering if you mean a 1381 demand, the request to bring someone who has been sentenced in one case to the next court where there is an unfinished matter pending. If that's the case and your person is in prison, your person should ask his/her counselor for a CDC Form 643, Demand for Hearing or Trial and let them know the county where the case is pending. Or, write to the CDCR Records for the institution and ask for the form. Make sure you indicate the name of the county where the case is pending.
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