Q: I was arrested for a traffic violation and the judge sentenced me to do5 days. The jail refused to release until 5 Days
I wrote a letter to warden to be released what are my rights regarding this
A: It is possible for a judge to require jail time for a traffic violation. While this practice is subject to legal challenge in some states (usually via ACLU challenges), there is not clear rule preventing the practice. The warden has no power to nullify a sentence without a court order or authorization by Colorado law. If you feel your rights were impinged, you will need to contact a civil rights attorney. Be forewarned, the dollar value of the potential unjust imprisonment (if you can prove it) is very low for 5 days, so you will need to find an attorney who wants to take your case on principle versus the possibility of a great award.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.