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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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How long can an inmate remain in the county jail after being

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How long can an inmate remain in the county jail after being sentenced to state prison? Is 75 days beyond the limit??? His charge was public intoxication while on probation.  His probation was revoked and he got 18 months, split, with SAP return.  He has served to date, 358 days of this 18 month sentence in the county jail... 

Samuel-II :

Hi

Samuel-II :

It is not illegal to keep in in the county jail. Any and all time will be applied to the 18 month sentence, should he be transferred. However, it is not uncommon for sentences up to 18 months be allowed to be completed in the county jail. Currently, it appears he has 358 days to apply to the 545 day (18 month) sentence. So it could be that he will remain in the county faciility since he only has about 187 days to go.

Samuel-II :

I suggest he should talk to the case manager at the jail and find out if he eligible for any early release and what programs he needs to participate in to make that happen.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

Thanks for your answer. If the county had intentions of keeping him the full 18 months, it would be, at best courteous to tell us this. The county tells us he has been turned over to DOC. Yet, DOC hasn't as much as sent him a time sheet. He was sentenced August 10, 75 days ago, to this date. Sadly, the county does not offer any programs that allow for early release, not do they provide Drug Abuse Programs. The inmates are in terrible over crowded conditions, with many sleeping in the floor and three men to a cell. They have no weight lifting equipment and are not allowed outside time except during Sunday, one hour, visits. Since the judge ordered SAP, we feel sure he should be sent on to a prison for this to be achieved. If you ask the county they say it's a matter of DOC.. If you ask DOC, they say the county has not sent proper paper work. Our attorney, who has been paid already, doesn't even respond back to my calls or emails... Go Figure... Thanks for your advise.

Samuel-II :

I see. Unfortunately, your story is like so many others when it comes to prisons. They are overcroweded and many times the programs the judge imposes do not have room. Of course, a judge does not know.

Samuel-II :

Unfortunately, at this time, you are at their mercy. Just remember that all his time, even before trial is time served toward the sentence.

Customer:

Would you advise me to write to the presiding Judge and explain this situation to him.. The strange part of this story is that many, many other inmates sentenced the same day and later have all already receive time sheets and have in fact all been transferred to prisons throughout Alabama

Customer:

So can he EOS in the county and still be released even though the Judge ordered SAP.. and I'll end with this comment

Customer:

I will accept once I receive your comments

Samuel-II :

You can write the Judge to advise no SAP program available. You can see if it can be waived. Also you can contact the case manager

Customer:

Who would the case manager be? The Circuit Clerk?

Samuel-II :

At the jail.

Customer:

Thanks for your help...

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