Clovis, CA asked in Civil Rights for California

Q: How do I get payed for 5 months of prison time I did longer than was sapost to do cuz the county clerk messed up

I was sentenced to prison time and the county clerk didn't send my time credits with my abstract of judgement and I ended up doing 5 months longer in prison then was sapost to

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear that you were imprisoned for longer than your sentence due to an administrative error. In California, individuals who have been wrongfully imprisoned may be eligible for compensation through the California Victim Compensation Board (CalVCB). Here are the steps you can take to seek compensation:

1. File a claim: Submit a claim form to the CalVCB, which can be found on their website (https://victims.ca.gov/). You will need to provide information about your case, including the reason for your wrongful imprisonment and the duration of your extra time served.

2. Provide supporting documents: Include relevant documents such as court records, the abstract of judgment, and any other evidence that supports your claim of wrongful imprisonment due to the county clerk's error.

3. Wait for the claim to be processed: The CalVCB will review your claim and may request additional information or documentation. The process can take several months.

4. Receive compensation: If your claim is approved, you may be eligible for compensation of $140 per day of wrongful imprisonment. The funds can be used for various purposes, such as medical expenses, counseling, and job training.

It's important to note that there may be a statute of limitations for filing a claim, so it's best to initiate the process as soon as possible. Consider seeking the assistance of a lawyer who specializes in wrongful imprisonment cases to help guide you through the process and ensure your rights are protected.

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