Probation Question and sentence?

Question

A friend was arrested for robbery and sentenced to two years. However, he was on probation for shoplifting and driving wrecklessly in a different county. He was on an informal court probation for the first offense and for the second offense he got sentenced to 6 months but only had to do 2 months on an ankle bracelet. When he was sentenced they called the other county and they did not respond. Question when he his released can the other county come after him and what would be the possible penalties.

Answer 1

The answer is no.  Under California Penal Code 1381, the defendant, upon being sent to prison in one county, may demand to be taken to trial/or court by sending a written request to the district attorney of the second county.  This is commonly called a 1381 demand.  Every state has a statute like this and most jails/prisons have forms you can fill out and send.  If the DA of the second county doesn't bother to get your friend within 90 days, they loose the opportunity.

In plain English, this kind of statute prevents counties from standing in line and constantly sending people back to prison after they are released.  A person is expected to "clean up" in the various counties and do a single prison term for the whole load.  That time is often concurrent; particularly where the first offense is a probation issue and the second offense is a violent strike.  Your friend would basically be saying "get me now or lose the chance."  If your friend does not make this request, the reverse happens, and he gets "arrested" upon release from prison and transported to the second county for sentencing on the probation violation.

edit - If it's in California, and he's in jail/prison, just ask a guard.  It's kinda common knowledge when you're in the system.   Oh, and gimme best answer.

Answer 2

They could, but it would be a timing thing.  If he has to do 2 years on the Robbery, then his probation time on the first convictions may be up by the time he is released and it may be too late for them to violate his probation.  But until his probation is up, they can file a violation any time.  In some states, they have a certain amount of time after someones probation is up for them to file a violation on something that occurred while they were on.  Of course, each state is different.