If you are arrested and convicted of a crime, you are then subject to whatever the courts determine is an appropriate consequence. However, what happens when your punishment exceeds the jail time you were assigned? What if you are not released when your sentence has been completed? This is known as “overdetention” and unfortunately it happens all too frequently.

There Are Two Main Legal Actions for Overdetention

If a person has been held beyond the time at which their sentence was completed, they might have access to one or both legal actions. First, they can talk to a criminal defense attorney who can file a petition to have a judge order the release of the incarcerated person. In the event the person has already been released, then it is possible to file a civil lawsuit so that the victim of overdetention can receive monetary compensation for their ordeal.

Overdetention is Illegal Under Several Legal Theories

The truth about overdetention is that there is no specific law against it but rather several legal theories that make it unlawful. For example, wrongful detention is a violation of both the California Constitution and the civil code of this state. It is a depravation of federal civil rights. It can also be considered false imprisonment. Finally, it could be argued that it is a negligent breach of the mandatory duty under Government code.

Examples of Past Overdetention Cases and Their Results

In 2002, the city of Los Angeles settled a class action lawsuit for overdetention and illegal stirp searches. The settlement affected as many as 400,000 prisoners and the settlement amount was upwards of $27 million. The inmates in this class action case were kept in the L.A. County Jail by the County Sheriff for one or two days past the date they should have been released.

In 2005, one inmate settled with L.A. County for $80,000 due to overdetention. In 2009, a prisoner was kept nine months after their legal release date and was awarded more than $21,000 as a result. In 2012, a case went to trial and the jury found that the Men’s Central Jail in Los Angeles had overdetained a prisoner and awarded more than $200,000 to the plaintiff.

We Will Fight to Get Your Loved One Out of Jail

If your loved one has been kept in lockup past the date they are legally required to be released, then it is time to take action. The first step is to get them out. That is something that Law Office of Michael L. Fell might be able to help you with. Call us at (949) 585-9055 to request a free consultation and find out what your options are. Once they are released, we can refer you to a personal injury attorney if damages should be awarded.