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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99417
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you be in state jail and county jail at the same time

Customer Question

Can you be in state jail and county jail at the same time in two different cities. Booked in 10/08/12 in county and booked in state jail 12/27/12. When county contacted reported that he had been there 206 days as of today. released from state jail today and county picked him up today no new book in
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me a little more about the situation and what you are attempting to achieve here, exactly?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

My grandson has some mental handicaps and I just want to make sure that he is being treated fairly

Expert:  Ely replied 3 years ago.
Thank you, Glenda.

No, of course one cannot be at two places at once. What you are describing seems to be simply human record error, or, the county jail/state prison has yet to update its records, which they do every 24 hours or so.

Very likely, it seems that he was transferred to county jail to await a new charge.

Prison officials are obligated under the Eighth Amendment of the US Constitution to provide prisoners with adequate medical care. In order to prevail on a constitutional claim of inadequate medical care, prisoners must show that prison officials treated them with "deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 103 (1976).

The factors considered in determining whether a "serious medical need" is at issue are (1) whether a reasonable doctor or patient would perceive the medical need in question as important and worthy of comment or treatment; (2) whether the medical condition significantly affects daily activities; and (3) the existence of chronic and substantial pain. Brock v. Wright, 315 F.3d 158, 162 (2d Cir. 2003) (internal quotation marks, citation omitted).

The best way to deal with this is to have an attorney write a letter to BOTH incarceration places where he has been/may be, to remind them to take care of his need, or face litigation. It sounds better coming from an attorney because it holds more gravitas.

May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The letter really should not be that expensive, and should do the trick.

I hope this helps and clarifies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)

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