Ive spent 25 months on a two year sentence.i have spoke with the time keeper at my lcal jail.he says its the state holding things up.what can i do to be releases?can i sue for my extra time spent in jail?
1 Answer from Attorneys
The immediate remedy, if in fact your sentence has expired, is a Petition for the Writ of Habeus Corpus.
You should immediately call your laywer who handled your sentencing. You can file the paperwork yourself, but it is a little complicated and ou should have an attorney to assist you.
You can also write directly to the judge who sentenced you. Be blunt: "I was sentenced to 2 years and I have been in jail 2 years and 1 month!"
The Judge is allowed to issue a Writ of Habeus Corpus on his own motion.
Just be sure that you are talking about a true "two years" and a true "25 months" and not "well, allowing for credits, or 2 for 1 trustee, or ..."
No credits are final until you walk out the door.
Related Questions & Answers
If I was served with an indictment for an alleged drug sale and the indictment was... Asked 7/09/13, 10:40 pm in United States Tennessee Criminal Law
Is there any criminal or civil law preventing anyone from placing a camera in a... Asked 6/10/13, 12:40 pm in United States Tennessee Criminal Law
If a person from tennessee is a registered sex offender for a statutory rape offense... Asked 6/04/13, 11:27 am in United States Tennessee Criminal Law
Can my past history be used against me if its 10 yrs old or longer Asked 5/28/13, 8:27 am in United States Tennessee Criminal Law
I was arrested and charged with criminal trespassing and released on a misdemeanor... Asked 5/24/13, 11:07 am in United States Tennessee Criminal Law