Q: My girlfriend was sentenced to serve 5 days in jail on November 13, 2020 and here she still is in jail.
She saw the judge on November 13, 2020 and was sentenced for 5 days and so her court date was moved because of COVID and her cell was quarantine and she calls me up today and said she has to stay another 14 more days because quarantine again. Her public defender wont return my calls and she is losing her mind having to still be there and now another 14 days, How is this legal and what can I do for her. Thank you
A: I don't think that you have all of the facts. Check to see online if she was actually sentenced to 5 days or just made an offer. Also check for other cases. Good Luck!
A: They can't keep her longer than the sentence imposed. Either she misunderstood the sentence, or a clerical error could have occured. I would start with classifications at the jail, and ask for the sentence and out-date. Compare that against the minute order of the sentencing contained in the criminal file at the superior court clerk's office. If a mistake was made, get that information to her public defender in writing asap, or hire another lawyer to correct it.
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