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.
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