The law states that once a prisoner has served their term, the jail or prison where they have been held must release them. Regrettably, this does not always occur. Over detention occurs when a jail or prison does not release them. Continue reading to learn about the legal options available to you in this circumstance. Contact Law Office of Michael L. Fell for a free legal consultation if you need specialized counsel from a criminal defense attorney.
California's potential remedies for excessive detention
If the inmate has not been freed, your lawyer may need to ask a judge to order the jail or prison to release the convict. After then, there may be grounds for filing a civil lawsuit for monetary damages.
Many legal doctrines exist to prohibit excessive detention
There is no single legislation that prohibits over detention, although there are other statutes that apply to this offense. In California, for example, all of the following are prohibited:
- Wrongfully detained in contravention of the state constitution and civil law
- False incarceration
- Taking away federal civil rights
- Breach of a government-mandated obligation
- Your lawyer can examine the case and recommend the best course of action.
Over detention's potential consequences
The damages for which a person may be compensated vary depending on a number of circumstances. For example, damages will vary depending on whether the over detention was accidental or deliberate, whether the jail or prison where the person was detained has a history of doing so to other inmates, and what legal theories are utilized to calculate damages.
In general, the plaintiff will claim for compensatory damages, which can potentially include noneconomic losses like pain and suffering. If the violation was highly negligent or can be shown intentional, punitive damages, which are meant to penalize the guilty person, may be recoverable.
Case studies from the past
A $27 million class-action settlement for excessive detention was reached in 2002. As many as 400,000 inmates were held in the Los Angeles County Jail for one or two days after their release date. Though hundreds of thousands of inmates were affected, only about 36,000 filed claims, and the amount they received was determined by their length of incarceration and whether or not they had been subjected to a strip search. They were paid a maximum of $5,000, with bonuses of up to $31,000 possible.
If a loved one is facing excessive detention, contact a criminal defense counsel right away. Though you may have civil remedies in these circumstances in the future, getting the inmate out of jail or prison is the first step. The easiest method to do so is to call Law Office of Michael L. Fell for a free legal consultation at (949) 585-9055.