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  1. #1
    Join Date
    Apr 2006
    Location
    illinois
    Posts
    6

    Default Re: Detention After Serving Sentence

    "In" someone was a typo because i am typing on my cell phone.

    I imagine it would be a probation hold since it is the probation department that seems to have a problem getting these things on people in a readonable amount if time, making it common that people are held weeks after their release date.

    It is a widespread problem. Talked to my friend's PO and she said it was common.
    Already tried reporting it to ACLU but apparently it isn't high profile enough for them to even bother looking into it.

    The deal is, supposedly they don't have the device on hand and have to obtain them. After that they have nobody trained to install them so they have to arrange for a retired officer to come in and install them whenever he gets around to it.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Detention After Serving Sentence

    The good news may be that the extended time will minimize any time hanging over your head should you violate probation later on. You should speak with an attorney ASAP to determine how this might effect you, or, perhaps it can result in time served without any need for further probation if the time served is sufficiently long.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Detention After Serving Sentence

    If in fact the defendant's sentence requires that he be released whether or not the SCRAM device is available, he can have his lawyer file a petition for habeas corpus with the court, and demand that the judge release him consistent with his actual sentence.

    It is possible that if he were to review his actual sentence, he will find that it allows for this contingency -- his detention until the SCRAM device is installed, with the additional days credited toward his maximum jail term.

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