Warrant - 1381, 1382

[frogman1212]

What is the name of your state (only U.S. law)? Calif

To give everyone some context and facts given this is a rather complex situation and I don't just yet have all the facts as it relates to the status in Placer County:

1. My daughter Rachel was incarcerated in the Sacramento County jail for multiple counts of stealing and lack of appearance to her probation officer and or hearings.
2. She has 1 felony count in Placer county with an open warrant. She was never arraigned in Placer County as she was in the Sacramento Rio Consumnes Correctional facility at the time.
3. Rachel is currently in the Sacramento county jail medical ward with chronic kidney failure; she is on dialysis 3 days a week, 4 hrs a day. She is due to be released May 15th 2015 for the charges committed in Sac County
4. Rachel has sent in 2 attempts over the last 2 months a 1381 request to Placer County; no responses to date.

I have spoken with the Sacramento public defender attorney who represented Rachel for the Sac County crimes. I have followed up with Placer County public defender, but no one has returned my calls after 4 weeks of weekly calls. The Sacramento Public Defender advised the following with the intent of reducing the placer county felony to a misdemeanor and dropping the warrant:

1. Get Placer country Sheriff to reduce the felony in light of proposition 47 and/or the circumstances due to Rachel's health*
2. If successful with # 1 above, motion for the Sacramento Sheriff dept to release Rachel on a "medical furlough".

His belief is the above steps are the best way to get Rachel out early. That said, it is almost February and the logistics for Placer County to come get Rachel, transport her, arrange for dialysis, perform the arraignment, get all the paper work completed, get the Sacramento County paper work completed, get it in front of the judge, seems like an impossibility. Even if she does not get out early and the Placer County warrant still exists, she will need to do something??? Ideally given her condition, she should not be required to go to an arraignment just to possibly find herself back downtown to serve time for the Placer county offenses. It would be nice depending on the mercy of the judge in Placer County to have her time spent in Sac County apply concurrent to whatever the Placer County sentence is************** (oh my i don't even think I understood what I said.. hopefully you get the essence.)

Rachel believes but is not sure, that a 1382 is the way to go. I read / skimmed Penal code sections 1381 and 1382 and I proceeded to take my computer and throw it window hoping it would land on top of a Sheriff car, or at a minimum a politician, preferably a democrat----- come on everyone, we can all take a joke, and would wager all of you probably don’t have a daughter with chronic kidney failure.*I still have a little bit of a sense of humor.

My question to all you smart people, what do I do?*

My advice to Rachel was to every week send out a 1381 and 1382 even if they tell her not to, she already did. Now, maybe they won't allow her to, but no one is getting back to her. My belief is that at some point in the future the judge may deem the whole case moot in light of her due diligence and condition.*

I would appreciate in laymans terms a step by step approach on what Rachel and or I can do to help the situation.

thx

Frog*

 

[OHRoadwarrior]

I think they should act in a manner most effective to punishing Rachel, without the state incurring expenses for her medical treatment. The fact is, you cannot make them do anything, act faster, act slower or dance on their head, just to make you and Rachel happy. I suggest you hire Rachel a good lawyer.

 

[Eekamouse]

I think her medical condition didn't prevent her from committing crimes so why should her medical condition help her to be released from prison early?

 

[single317dad]

We have several California members who can probably provide a more accurate answer than I can, though you would be more likely to receive their assistance if you ceased the derogatory remarks about public officials.

In my experience, medical furlough is applied most often to people who are currently in immediate danger of dying or have an immediate family member (think parent or child) who is dying or has died. Chronic and serious but treatable illnesses don't usually qualify.

In addition, every medical furlough I've seen has been for someone tried, convicted, and sentenced to corrections, not anyone with more pending charges or open warrants.

She should keep trying to contact her current public defender, whoever that is.

 

[frogman1212]

All, thanks for the responses. But clearly most of you are missing the point. This is not about making Rachel happy; rather finding a way to potentially save her life and or from having to be on dialysis for the balance of her life. I do understand how you cannot relate, but nonetheless, I am asking for help. If you cannot make your responses constructive, please don't waste all of our mutual time.

Actually, the care being incarcerated is sub par at best, and the cost to tax payers is more, given the tax payers are actually paying for medi-care and cal, + the incarcerated costs, thus my position as stated. If she was released our insurance would pay for everything, thus lowering the trillion dollar debt our country is in.

No one is excusing Rachel, I will be the first to admit she needs to have some hard lessons. That is not the intent of my question. So, that said, i will ask my question a bit more directly; what is a 1382?

 

[Eekamouse]

Your daughter is a criminal and is being punished as such. Her medical condition is unlikely to get her out of her predicament. The state does not care if she is getting sub-par care in prison nor does it care that it could result in her having to be on dialysis for the rest of her life. She did this to herself.

 

[quincy]

... That is not the intent of my question. So, that said, i will ask my question a bit more directly; what is a 1382?

I am not sure why you are questioning the advice of the Sacramento public defender. He told you what he saw as the best way to get Rachel out early.

Although I am not seeing why you and your daughter believe California Penal Code 1382 (or 1381, for that matter) could help your daughter, here is a link to the applicable Code sections: http://www.leginfor.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1381-1388

And here is a link to the ballot proposal language of Proposition 47, the proposal of which passed:
http://voterguide.sos.ca.gov/en/propositions/47/

Rachel's first step appears to be getting her felony reduced to a misdemeanor.

Although I understand why you want to help your daughter, she needs at this point in time to rely on the advice of her attorney.