Criminal Law Questions? Ask a Criminal Lawyer.
If a person is unlawfully imprisoned (still being held in county jail after his time has been served counting credits for work and good behavior) and he files a writ of habeas corpus, how long does it normally take before he is brought before a judge? Are we talking about days or weeks?
This question is for a criminal lawyer not a mercedes mechanic.
When the defendant is brought before the judge I guess he would just say why he is there or would that info be on the writ already? And the date for the hearing on the writ, can you give a general idea of how long that would be, days or weeks and what happens there?
In this case the defendant is being given work credits which is 2 days for 1 on a 1 year sentence but release date does not reflect his credits for good behavior which is 5 days for 4. This could make a difference of one month and one week on his release date.( Release date is now Nov 15, 2013 with the good behavior credits it would be Oct 9.)
Jail administrator has not responded on a grievance that was turned in two weeks ago on this issue explaining this complaint.
Thanks. This is very helpful. Since this is a problem with the sheriff not following the state laws regarding credits, are you saying the DA would have to represent the sheriff in court and would have to argue that the defendant does not deserve the credits? I ask that because the defendant has already given the sheriff or jail administrator the attorney general's opinion that a person in county jail should get both of these credits. I don't see how it would be possible for DA to argue against AG opinion. It is possible the reason the jail administrator has not gotten back to defendant on the grievance is because they know they have no argument. He will submit another grievance next week asking why they did not respond to the first grievance.
My question again is would the DA have to represent the sheriff in court and would he have to argue that the defendant does not deserve the credits?
You said:"It's the Department of Corrections and not the sheriff who keeps the official count. A representative from Corrections, probably along with their lawyer, will likely be at any hearing."
But in this state the guidelines for credits for department of corrections is completely different from the laws specificly given to the county sheriffs of the State of Oklahoma concerning credits. But I understand some official will have explain why their numbers are right.
Will the defendant come before the same judge that sentenced him? And is there anyway the judge or prosecutor can take away defendants credits if they have been ligitimately earned?
Also will it even be possible to file a writ until the sheriff responds to the grievance? The jail administrator has not yet given any response and it been 2 weeks.
Hello,I think that at this point I have gone about as far as I can comfortably go with this question. I think from here you'd best be served by an Oklahoma lawyer and I am going to opt out.I wish you luck.
Ok. You helped a lot. Thanks.
By looking at the writ of habeus corpus form it shows the form would have to be filed in federal district court and defendant would have to appear there which is a 100 miles from where defendant is jailed. The court where he was sentenced is in the same city/county where he is jailed. Is this the correct understanding? Would the local DA have to travel to that court also to represent the sheriff?
I found a writ of habeus corpus form online It says at the top: