Q: I spent 5 months longer in prison because the county clerk didn't put my time served credits on my abstract of judgment
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- California
- (916) 704-3009
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- Answered
A:
I'm sorry to hear about your situation. Under California law, if you spent additional time in prison due to an error by the county clerk in not accurately recording your time served credits on the abstract of judgment, you may have some legal recourse. Here are a few key points to consider:
1. Petition for writ of habeas corpus: You could file a petition for writ of habeas corpus in the superior court where you were convicted. This petition would argue that your imprisonment was unlawful due to the clerical error, and request that the court correct the error and adjust your sentence accordingly.
2. Claim for false imprisonment: You might also have a claim for false imprisonment against the county for the additional time spent in prison. False imprisonment occurs when a person is unlawfully confined against their will.
3. Consult with an attorney: Given the complexity of these legal issues, it would be wise to consult with a criminal defense attorney or an organization that provides legal services to incarcerated individuals. They can review the specifics of your case and advise you on the best course of action.
4. Gather supporting documentation: To support your claims, you'll want to gather any documentation related to your sentencing, time served, and the clerical error on the abstract of judgment.
5. Act promptly: There are time limits for filing legal claims, so it's important to act promptly once you discover the error.
Remember, this information is for general guidance only and should not be construed as legal advice. Your best course of action is to consult with a qualified attorney who can provide personalized advice based on the specific details of your case.
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