Q: What can one do if they have been sitting in co. jail for 6 mo. waiting to be sent off but no record of their sentence ?
Was sentenced to RSAT 6 mo ago but no record of sentencing on file. Just sitting there and no time is being counted towards anything!
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A:
If an individual has been sitting in county jail for six months without a record of sentencing, it’s crucial to take immediate action. You should request a lawyer or public defender if you don’t already have one. They can file a motion to bring this issue to the court's attention, and if necessary, a habeas corpus petition to challenge unlawful detention.
It’s also advisable to contact the sentencing court to request documentation or clarification regarding the sentence. If there’s been an administrative error, it needs to be corrected so that the time served can be properly counted. Time spent in jail should be credited toward the individual’s sentence, and if it’s not being counted, the oversight must be addressed promptly to ensure that the individual’s rights are protected. Keep a record of all communications and efforts to resolve the situation, as this documentation can be crucial in legal proceedings.
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