Can they keep you after your release date for a parole violation? 4 Answers as of August 15, 2011

My boyfriend was sentenced for a dui 2 weeks ago and was held in a county jail he received time served and parole gave him 90 days. He was supposed to be released today and they sent him to a state jail to process him and release him from there. They said it could be another week. Does this normally happen?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
When the correctional facility detains a prisoner to verify what the release date is they are obligated to do so in a timely manner. That is usually within 12 hours. Contact an attorney if they do not release him within a day or two.
Answer Applies to: New York
Replied: 8/15/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It happens fairly often.
Answer Applies to: New York
Replied: 8/13/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
I don't have an answer to this question. They should release him as soon as his time is served.
Answer Applies to: New York
Replied: 8/9/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
I settled a civil case somewhat similar to this last year where the client was held about 32 days past his sentence. He had been doing state and federal time concurrently in Ohio and by the time they brought him back his sentence was up. The State's defense was they had to bring him back to place him on post release supervision and could not let him go until they verified a home address. These are not easy cases because you want to avoid suing the State in the Court of Claims because those judges award so little. You need to sue the individuals involved and it's hard to get their names. There is also a possible defense that a few days does not rise to the level of a constitutional violation. Although I think you can proceed on State claims. I wonder why they are holding him.
Answer Applies to: New York
Replied: 8/9/2011
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