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In the state of California, can a detention center/ jail/ prison keep an inmate past his/her release date?

Pacoima, CA |

My brother signed a plea bargain to be released 9/10/13 and to this date the detention center does not have a release date for him. They only show he is to do time in state prison. What happens if he is not released on 9/10/13??

Attorney Answers 4

Posted

the detention center doesn't always have or publish the correct release date. Your brother should check with the institution as to what date they have.

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Posted

If the deal is for him to be released tomorrow, what makes you think they won't release him? If they don't, contact his attorney. Good luck.

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Posted

Every time I call the court and the detention facility they tell me he is going to state prison for 2 years. They show no record of him being released on 9/10/13

Justin Wade Blow

Justin Wade Blow

Posted

If your brother entered a plea deal which contemplated a precise release date, but DOC says there's no such date, you need to contact his attorney. It could be that the order of confinement is missing that part of the sentence. It could be a scriveners error on the part of the clerk. Either would be relatively simple to rectify.

Posted

Credits must be earned and sometimes they are not so if the release date is based upon half time or a portion thereof, the release date may not be accurate. Have your brother contact the authorities to get an accurate release date. Good luck.

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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

Thank you for the response, but when you say contact the authorities who exactly would that be? I have contact his public defender, the court, and detention center and no one can give me a release date.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

The detention center will make the final determination, so keep contacting them.

Posted

Your brother needs to ask when is his release date. It is possible that he may get out tomorrow and the fact that their system is not updated .

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Posted

He has tried numerous times, but the only thing the staff at the detention center can tell him is that he is to be transferred to state prison.

Sholeh Iravantchi

Sholeh Iravantchi

Posted

Then you may want to contact his lawyer as part of his plea was to be released on 9/10/13.

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