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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4488
Experience:  Almost 12 years of legal experience, primarily in criminal law
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son did 3 yrear on a sentence now parole board is trying to

Customer Question

son did 3 yrear on a sentence now parole board is trying to give him 9 more mos, the put a detainer on him. he walked out of the court room after he and his attorney signed out, next day local officer called his dad, said it was a mistake, they should have taken him to jail??? so son did not turn himself in, understand that is a problem, when caught he went to jail and while in there he completed a Renewal Center's program while there, he maxed out his time but has a detainer holding him. Son filed an appeal from jail, heard nothing. my question is how long can they hold him there - when in fact he completed his time (actually over his time) ?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

He can file a petition for a writ of habeas corpus with the court that alleges that he is being held by the warden illegally. I'd suggest speaking with the attorney who represented him originally to see if the attorney can help him with drafting the habeas petition. If he is being held illegally because his sentence has run, the court can order him released.
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Customer: replied 7 years ago.
is it the WARDEN who is illedally holding him - or the parole board - or, how are they 'connected' i was under the impression it is the parole board who i am told has power over the judge
Expert:  Hammer O'Justice replied 7 years ago.
The warden is holding him under the parole board's orders. A judge has the power to order the warden to release someone who is being unlawfully held, even if it is contradictory to the parole board's orders. If the parole board has some legal reason to hold him (ie he didn't actually complete his entire sentence), then the judge cannot overrule the parole board. But if he is being held illegally, the judge can order the warden to release him.