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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Accidentally Let Out Of Jail Early

    My question involves criminal law for the state of: Minnesota

    My fiance was in the work release facility. He was released today, after 60 days. He's supposed to be in for 90. We think they misread the paperwork, thinking he was supposed to be doing his sentence all at one time (I forget if that's consecutive or concurrent.) instead of one sentence after another. He was in for 45, then to do another 45. So he only did 60 after good time credit. We think he's supposed to be in for another month. But since they released him, is he released? Could they call and say he has to go back? What should we do? Call them?
    We're concerned because we are getting married August 8, 2008, and really don't want him in jail for extra time for some mistake they made. When he was in they said, "You're set to be out May 10" Then with community work it went down to May 5. He told them when he was first put in that he thought that was wrong and not enough time, but they said no it's right.
    What should we do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Accidentally Let Out Of Jail Early

    There are cases where people have been released from jail or prison early, then called back to complete their sentences. A recent example.

    Can your fiancé contact the criminal defense lawyer who represented him for the underlying charge?

  3. #3

    Default Re: Accidentally Let Out Of Jail Early

    Its not uncommon to be released from jail early. He may have recieved work credit and good behavior credit which would have cut his time down. When the courts say 90 days, thats the max that he will sit. But, to be on the safe side double check his release papers, it should say something like "Full credit time served" and call the jail just to clairify that he doesnt own any extra time.

  4. #4
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Accidentally Let Out Of Jail Early

    He should have been questioning his release right away. If he believes he should not have been released then he should have stayed and questioned it. Then when he felt satisfied with the answers he could have left.

    Look at the paper work. From the court hearings. It should be marked if the sentences ran concurrent or consectutive. Concurrent means that he would have done a 45 days max for both charges. Because the time served would have been done all at once. Meaning each day was for both charges.

    Consecutive would mean that he does 45 days then another 45 days for a total of 90 days in jail.

    I bet more then likely the time was ran concurrent. Unless they are extremely major charges. But being he only stayed in a jail and on work programs they must have been minor charges.

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