Criminal Law Questions? Ask a Criminal Lawyer.
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In this case the defedant filed a grievance before the unlawful imprisonment occurred. He was in jail servicing a a 1 year sentence and he got 2 day credit for each day served for working in the jail. According to Oklahoma law for county jails he was also suppose to get another quarter day credit for every day served for good behavior.
In the grievance he brought this to the jail administrator attention quoting the appropriate laws and also giving an official attorney general opinion on the subject but in the end the jail administrator and sheriff's response that he could only get one or the other credits but not both. They gave nothing to support their argument (actually the jail administrator deferred to the sheriff's opinion)There is nothing in the law to support what they have to say.
So the question is would this be considered willful and gross negligence based on the fact that it was brought to their attention before it occurred?
Along this same line the defendant is still going through a post conviction relief in this case. for ineffective counsel and is likely to win.
So in this type of case where he is wrongly convicted and imprisoned is that monetary value still the same as you quoted above ".. $100-$300 per day of wrongful incarceration, in that area in absence of proving willful or gross negligence which may triple the amount at the most..."
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