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Old 10-27-2017, 06:37 PM
Joesc558 Joesc558 is offline
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Default Wife needs to file a 1389 for out of state warrant how does she do this

My wife is located in CIW Chino California and she has a warrant in the state of washington thats preventing her from going to fire camp and more than likely gonna pick her up on it as soon as her time is done . From what i read online she needs to file a 1389 in order for washington to pick her up on the warrant while shes incarcerated in california . are there any websites that have some kind of form to download for this kind of thing because shes telling me that the prison is not helping or informing her what to do . Any help on this matter would be greatly appreciated
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Old 10-27-2017, 11:30 PM
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Quote:
Originally Posted by Joesc558 View Post
My wife is located in CIW Chino California and she has a warrant in the state of washington thats preventing her from going to fire camp and more than likely gonna pick her up on it as soon as her time is done . From what i read online she needs to file a 1389 in order for washington to pick her up on the warrant while shes incarcerated in california . are there any websites that have some kind of form to download for this kind of thing because shes telling me that the prison is not helping or informing her what to do . Any help on this matter would be greatly appreciated

She needs to get a hold of her counselor who in turns gets a hold of Records.
Records will do the 1389 electronically.to the District Attorney in the county in Washington, state You can read Penal Code section 1389 here
If for some reason the counselor is hard to get of hold of or just plain shines her on . She can send a inmate request to Records, stating she has a warrant in the State of Washington(give them the county if known) Then records can proceed with the process. Last resort she writes the District Attorney in the county which the warrant is in and explains she is in custody. Wishes to handle this outstanding warrant.
Now I am not 100% sure on the time restraints on the receiving state has to respond to a 1389. I will do a little more research to see if I can find time restraint information


Here is what Article III (a) (Read the full section)
of Penal Code section 1389 says about time limits
Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment
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Last edited by Patrickj; 10-28-2017 at 05:45 PM..
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Old 10-27-2017, 11:42 PM
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In California itís 30 Days. Iím not sure out of state. But yes, her counselor is her friend. They should be able to help her do that electronically. If she doesnít receive a response she can get the charge dismissed. Since you said more than likely they will pick her up, then they usually place a hold right away within a few days of receiving the notice.
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Old 10-28-2017, 02:40 AM
Joesc558 Joesc558 is offline
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thank you for the info
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