Criminal Law Questions? Ask a Criminal Lawyer.
If the defendant files a grievance based on the Oklahoma attorney general's 1980 official opinion, which has not been superceded, what can the defendant do if the jail administrator still says he cannot get that 5 day credit for every 4 days served because it is the sheriff's option?
I have heard he can file a writ of habeus corpus for unlawful imprisonment if he is still in jail after he lawfully should have been released. Is that true?
Can he also file a civil law suit against the jail?
Thanks for the link to county sheriff handbook. That says exactly what the attorney generals opinion says. So there is no way they can deny that the defendant has the 5 for 4 days for good behavior coming if brought to their attention. So in the grievance would it be best to use both of the authorities, ie the attorney general opinion and the county sheriff handbook or would the handbook reference be sufficient?
Would it also be possible to file a complaint with the attorney general since they would be directly violating that office's official opinion? Although not a criminal offense (I don't think) but the sheriff would still be violating the law.
Another question: Is there any way a judge can say that a inmate cannot earn any credits?
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