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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111573
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I WAS RECENTLY SENTENCED TO DO 420 DAYS IN COUNTY JAIL

Customer Question

I WAS RECENTLY SENTENCED TO DO 420 DAYS IN COUNTY JAIL PROBATION VIOLATIONS ON TWO OF THE CHARGES AND A NEG DRIVING ONN THE THIRD CHARGE, THE YWO PROBATION VIOLATIONS WERE A RESULT OF DUI, NOW COMES THE PART WHERE I WAS SENTANCED THE JUDGE MAXED ME OUT WITH 180 DAYS ON THE FIRST 180 DAYS ON THE SECOND AND 60 DAYS ON THE THIRD, NOW MY PUBLIC DEFENDER KNEW THAT I HAD ALREADY SERVED 30 DAYS OF TIME ON THE FIRST PROBATION VIOLATION SO THE JUDGE HAD OVER SENTANCED ME ,, MY ATTORNEY SAID SHE WOULD TAKE CARE OF IT AFTER THE JUDGE RETIRED AT THE END OF THE YEAR, WELL SHE WAITED ALMOST UNTIL I HAD A COUPLE OF MONTHS LEFT AND THE JUDGE GRANTED THE ANULMENT AND TOOK THIRTY DAYS OFF MY SENTANCE, YOU THINK THAT IS THE END NO THE JAIL SAID THAT SINCE I HAD ALREADY SERVED ON THAT SENTANCE THEY COULD NOT GIVE ME CREDIT OR TAKE BACK THE TIME SERVED AS I WAS SERVING OUT THE TIME ON THE NEG DRIVING CHARGE, I WAS FIT TO BE TIED AS NOTHING THAT I NOR MY ATTORNEYS COULD DO, THEN AS OIF A MIRACLE HAPPENED THEY LET ME OUT SEBVEN DAYS EARLY WOITH NO EXPLANATION ,, DO I HAVE A CASE against the public defender and the jail for keeping me 20 days longer than i should have been
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
missrepresentation on my attorney
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have a claim for wrongful incarceration if the judge vacated and took 30 days off of your sentence, since the jail should have let you out of jail the 30 days earlier, without regard for what part of the sentence had already been served, since you were still serving the entire time. You would of course need a local civil rights attorney to file suit against the state and your attorney for negligence. Also under WA law, you can get about $140 per day ($50K per year in accordance with WA RCW) for being wrongfully incarcerated beyond the time you were supposed to serve.