Legal Question in Criminal Law in California

Delayed release from detention center!?

My wife had her prelim/bail hearing yesterday morning, the D.A. proposed a lesser sentance if she agreed to plead guilty & she would be released last night on O/R to complete her sentance as probation and weekend community service. She agreed, signed and now holds said agreement document. The jail has not yet released her, claiming that they did not receive the court order (they knew she went, but not what happened) and refuse to look at her paperwork. It is Veterans Day, so SBC courthouse is closed, is there anything that can be done? Are there any laws preventing or dealing with this type of thing?


Asked on 11/10/06, 5:13 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Delayed release from detention center!?

The jail staff will not release anyone based on the paper work in the person's possession. They will only work off the paper work presented by the clerk of the court directly to the jail. Unfortunately for her the paper work was not presented to the jail or was misplaced at the jail. It is unlikely that you will be able to get any relief or monetary damages. At this time if you wish to continue with this matter then contact an attorney that deals with civil rights cases.

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Answered on 11/14/06, 12:21 am


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