Legal Question in Criminal Law in Louisiana

Incarcerated During State of Emergency

My fiance is currently in a work-release program finishing a 5-year sentence for possession of cocaine with intent to distribute. The judge sentenced him to 5 years in prison and 5 years probation. We recently found out that he was not given any credit for the time he served during hurricane Katrina and that his release date is one year longer than originally sentenced. I understand that the Governor issued a ''state of emergency'' during Katrina and that the court system was shut down for nearly a year. Does this mean that the time my fiance served during that time does not count?


Asked on 3/11/09, 7:52 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Incarcerated During State of Emergency

If he was incarcerated during the Katrina "emergency" I know of no reason for an extension of a release date. There may be another reason that someone on this site can address, but I cannot think or any reason to extend release dates due to the hurricane unless he was sent home during that time.

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Answered on 3/12/09, 8:31 am
Johm Smith tom's

Re: Incarcerated During State of Emergency

You are welcomed to call and talk with our criminal attorney; he has over 14 years experience in criminal law.

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Answered on 3/12/09, 11:20 am


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