My fiance was in jail for two weeks sentenced for probation violation so the judge imposed his original sentence. After two weeks in jail he was relased and told he was free to go. After two months they came and picked him back up and told him he should not of been release early they made a mistake and they hauled him back in. The sheriffs office just told me that they started his sentence and with the date given they didnt even credit him days served. Is this legal? is there anything i can do?
I am certain there are criminal defense attorneys in Hamilton, Ohio. I am also certain that even indigent defendants are entitled to have a public defender represent them in court upon the court appointment. Your fiancé much discuss this criminal case with its specifics with the counsel of record who handled his criminal case, who is familiar with the circumstances and who knows what is truly going on with the case.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
Your fiancee should at least get credit for the time he has already served on the probation violation. You should seek an attorney that practices in the sentencing court on a regular basis and have him get credit for the time served and he may also seek to get him released for other reasons. The facts and paper work will dictate what remedies he may have but do at least get the public defenders office to review the matter. Good luck.