Criminal Law Questions? Ask a Criminal Lawyer.
Thanks for the welcome. I am aware of the writ possibility but I am also wondering if he is unlawfully imprisoned would that be some kind of constitutional violation like 8th amendment cruel and unusual punishment where he can file a civil lawsuit?
I am just wondering what kind of pressure the sheriff might on him self to do the right thing. We think it has been standard practice in this jail to only give the 2 for 1 day credit but not the 5 for 4. In fact he was told by some administrator he only get one or the other. But we found the laws that say different. So I am wondering if the sheriff might be thinking he will have a lawsuit on his hands if he does not do the right thing.
Ok. great. Can you say what state or federal legal statute unlawful imprisonment comes under?
Do you have any idea of typically how long a person has to wait to see a judge once he files a writ of habeas corpus ?
Also what if has to see the judge who sentenced him. That judge seems to have had it in for him from the beginning. Can that judge ignore the laws governing credits for work in the county jail and credits for good behavior? In other words can the judge come up with some bogus reason to ignore the earned credits and say this person should spend the entire year in jail?