Criminal law question regarding arrest and rules

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?

Hamilton, OH -

Attorney Answers (2)

Larry J. Denny

Larry J. Denny

DUI / DWI Attorney - Dayton, OH

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Criminal Defense Attorney - Chicago, IL

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.

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