How long can an inmate be held in prison after a judge orders their release?

Asked over 1 year ago - Lewes, DE

The records department told me that they recieved a court order for the release of my husband at 11:45 am on Tuesday. I was then informed that they had 24 hours from that time to issue a release form to the prison. It is now 5:00 pm on Weds. and he is still sitting in jail. I have tried to call the records department but they are not returning my calls and the prison will not tell me if they have even recieved the release form. I need to know how long they can draw this out and what I can do if they go beyond this amount of time.

Attorney answers (2)

  1. Michael W Modica

    Pro

    Contributor Level 11

    Answered . I think it's 48 hours. Call the judges secretary and she will help you.

  2. Mark Copoulos

    Pro

    Contributor Level 14

    Answered . Get in touch with the lawyer representing your husband immediately. Often times, the order does not get sent to the prison or there is a miscommunication. Be proactive and his should be resolved soon. Good luck.

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