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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23586
Experience:  Active member of the NYS bar since 1989
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My granddaughter was given 30 days in jail and 30 days of

Customer Question

my granddaughter was given 30 days in jail and 30 days of rehab for a drug charge. she has spent her 30 days in jail as of today and has not be released because someone messed up on the 30 days of rehab. the facility where she was supposed to go would not take inmates fresh from jail. she is awaiting further notice. is this right? I think is denied civil rights because she has already served her 30 days. she should not be punished further from someone elses mistake. besides this would not help her if she can still be denied entrance into the facility because she is still in jail. thank you. my name is Lora.
Submitted: 12 months ago.
Category: Legal
Expert:  Zoey, JD replied 12 months ago.

Hello,

Does your daughter have a lawyer? If so and she is being wrongfully detained because the facility they require does not take inmates, a lawyer can file a writ of habeas corpus to get her before the judge so that if the state cannot give good cause why they are keeping her beyond her release date, she would have to be let go.

That is the process by which a wrongful detention is addressed swiftly under the law. Notify your granddaughter's lawyer.