Legal Question in Criminal Law in California

Prisoner kept past release date

I want to know what can be done to help a prisoner who is being kept past his release date. According to him the paperwork has not been presented to the proper authorities. He has advised that he has to act as his own attorney. I don't know what he is in prison for but I do know he has been there most of his adult life. His only child was murdered while he was in prison 15 months ago. He was unable to attend the funeral because the state of CA was on lockdown. He has suffered enough and has served his time. What can be done to help him gain his release.


Asked on 3/07/07, 6:21 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Prisoner kept past release date

Normally the procedure for challenging an unlawful detention is a petition for a writ of habeas corpus. Being kept beyond one's release date is usually also a free lawsuit. Filing a claim form with the State Board of Control might be an easy way of getting someone's attention. The inmate could also file a form 602, I think it is, with his correctional counselor.

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Answered on 3/07/07, 6:28 am


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