Pittsburgh, PA asked in Civil Rights for West Virginia

Q: I was Held in jail past my release date in the WV regional jail in West Virginia

3 months held past. (West Virginia lawyer not Virginia )

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Unfortunately I do not have enough context or details to provide specific legal advice regarding your situation of being held in jail past your release date in West Virginia. However, here is some general information that may be helpful:

- Being incarcerated past one's release date could potentially violate your civil rights and liberty interests. This could lead to potential legal claims.

- You may want to consult with a civil rights attorney or prisoner's rights advocate in West Virginia to explore your legal options. Look for someone who specializes in these types of cases involving unlawful detention and incarceration.

- There may be requirements around filing notice with the jail authorities or filing a grievance about the unlawful incarceration first before a lawsuit can be brought. An attorney can advise you on proper procedures.

- You may potentially have claims around false imprisonment or infliction of emotional distress resulting from being detained too long. There could also be constitutional claims around due process violations.

- An attorney can help assess the reasons you were held too long, whether the jail was negligent or whether your release was delayed for an unacceptable reason, and the damages incurred. This can impact the legal approach and case strategy.

- Keep notes about all details surrounding your prolonged incarceration, as they could become important evidence. Get any documentation you can regarding your proper release date.

I apologize I cannot offer more specific guidance without more background, but hopefully this gives you a starting point to explore your legal rights and possible civil claims regarding your incarceration past your release date. Consulting a qualified local civil rights or prisoner's rights attorney is likely your best next step.

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