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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In Oklahoma the County jails have different guidelines from

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 For Paul J D: In Oklahoma the County jails have different guidelines from Department of Correction for earning credits for work in the jail and good behavior (Can find at oscn.net) Specific laws under Title 57(Prisons and Reformatories), chapter 2 (County Jails) give two specific statutes for earnig credits one is Title 57,chap2, section 58.3 which is 2days credit for one served in jail and the other is Title 57, chap 2, section 65 which is 5 days for every 4 days of credit for good behavior. A prisoner who is working in the jail is only getting the credit for doing work but not the one for good behavior. This will make a difference of one month and 1 week in his release time if he gets the other credit as he should. He recently filed a grievance and referenced the laws and even gave an attorney general opinion which makes it clear a prisoner in county jail should get both credits. Two weeks have gone by and no response from jail administrator on the grievance and time is getting close to date should be released with both credits. What makes the situation particularly bad is the prisoner has no means of making a copy of his grievance before he places it on the outside of cell on some kind of clip board for the jail administrators to pick up. The prisoner wants to get some feedback from the jail administrator/sheriff so he can see the reason his release date does not reflect his credits for good time.(He was told once by one staff that he only gets one or the other but this is not what the attorney general opinon says.) He plans to file a writ of habeus corpus when his true release date comes but needs feedback before doing that. Two questions: 1. What legal action can be taken against jail administrator/sheriff for destroying grievances? 2. Based on the laws given above is there anyway a judge or DA or even jail official can take away the credits legitmately earned if prisoner files a writ of habeas corpus?

Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking.

1) He would have to prove the grievances are being destroyed and then he would be able to file suit for a civil rights violation for taking away his due process rights and violation of the jail rules with relation to grievance rights of inmates. This would be filed as a civil suit.

2) The inmate cannot be retaliated against for filing a writ of habeas corpus for release that they believe they are legally entitled to. The only way he could lose credits for good time is if thy find him guilty of some prison violation and they can take time away as punishment for that violation.





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Customer: replied 10 months ago.


Ok. Thanks. So there is no way they can take away his credits for time he has worked in jail is there?


 


One reason I ask this question is this same defendant filed a motion for suspended sentence about 3 months ago. (It was denied) During that hearing the DA told the judge that not only should defendant not get a suspended sentence but all of his good time should be taken away. (The defendant had explained how he was doing good in prison and was a trustee) The judge did not say anything about that request from the DA but I alway wondered if the judge did have authority to take away credits for work and good behavior.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Legally they can only take his time away for violation of jail rules. The judge can only remove good time for violations or good cause, not because a defendant exercises his rights.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88738
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 9 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

I recently read in one of the Oklahoma laws governing jails that a person in jail could not file a lawsuit until he had gone through all the administration processes available in the prison ie grievance.


Would this also apply to writ of habeas corpus especially in this case when the jail administrator is not responding to a grievance that has been filed?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

No the Writ of Habeas Corpus is an extraordinary writ and not a lawsuit. The writ is filed because they are not responding and holding him illegally, which is what the allegation in your writ is going to be.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88738
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 9 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

Has it been your experience that if a prisoner files a writ of habeas corpus he is seen in a day or two?


 


And on that first appearance if the DA or Sheriff cannot show a reason to hold him is he released on that same day?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

Generally, a writ of habeas corpus is heard within 10 days. If they cannot prove a reason for holding him, the release is ordered immediately, which means it can take 1-2 days to process him out but in most cases it is immediate.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88738
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 9 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

I found a writ of habeus corpus form online It says at the top:


PETITION UNDER 28 USC § 2254 FOR WRIT OF

HABEAS CORPUS BY A PERSON IN STATE CUSTODY


The part that is confusing is this:


When the petition is fully completed, the original and at least two copies must be mailed to the Clerk of the United StatesDistrict Court whose address is


So this petition is going to a federal court. Is this the same form that would be used for the county district court?

Expert:  Law Educator, Esq. replied 10 months ago.
The Habeas petition should go to the US District Court because it is a federal civil rights violation AND it is also something that is under original jurisdiction of the US Supreme Court under the US Constitution.
Customer: replied 10 months ago.


The US District Court is about a hundred miles from where the defendant is jailed. So does this mean the sheriff will have to take him to that federal court?

Expert:  Law Educator, Esq. replied 10 months ago.
They will have to take him there when his court date is scheduled unless they make arrangements for him to appear by video appearance.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88738
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 9 other Criminal Law Specialists are ready to help you

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