I was released on parole from prison 7 days after release order from Sacramento was given, is there a monetary case ?

Asked almost 2 years ago - La Mesa, CA

I was not released until 7 days after the release order from Sacramento was given.
I was wondering if any type of lawsuit (monetary or other) could be pursued on my behalf due to the extra days i was held. Thank you in advance!

Attorney answers (4)

  1. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . In California the payment for erroneous incarceration is specified as a maximum $100 per day, and that daily rate would be awarded only upon an evidentiary showing of all of the standards for liability for error. This potential award would not likely be sufficient to cover the costs of suit for collecting the allowable amount.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. John M. Kaman


    Contributor Level 20


    Lawyers agree

    Answered . Any attorney who would take a case where there was a 7 day delay in your getting released is either starved for cases or crazy. Enjoy your freedom; build a new life.

  3. David Philip Shapiro


    Contributor Level 18


    Lawyer agrees

    Answered . Might want to look into filing that claim on your own. Good luck with your new life.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  4. Vijay Dinakar


    Contributor Level 17

    Answered . Possibly, though the damages at 7 days might not be that high. Have a look at this interesting article: http://newsok.com/man-claims-he-was-held-in-okl...

    Find an aggressive attorney that is willing to take your case. Good luck.

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