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Overdetention | What Happens When a Jail Keeps Me Longer Than my Sentence?

If a jail keeps you longer than your sentence, it may be a violation of your constitutional rights. You can file a complaint or lawsuit for wrongful detention, potentially seeking compensation for the extra time served. Additionally, you may request the assistance of an attorney to address the unlawful detention and pursue legal remedies.
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What is Overdetention?

Overdetention occurs when a jail or prison holds an inmate beyond their legally mandated release date [1.]. This issue can arise due to several factors, including:

  • Clerical mistakes in processing release documents
  • Delays in applying time credits for good behavior
  • Errors in calculating the sentence completion date
  • Negligence in reviewing inmate records
  • Intentional misconduct leading to extended detention

“Regardless of the cause, overdetention is a violation of an individual’s constitutional rights. No one should be deprived of their freedom for even a day longer than their lawful sentence.”

The Serious Consequences of Overdetention

Being incarcerated beyond your release date can lead to significant personal and financial harm, such as:

  • Loss of job opportunities
  • Strained family relationships
  • Missing important life events like weddings or graduations
  • Emotional trauma and stress from extended imprisonment
  • Financial losses from missed work and legal expenses

Even a short period of overdetention can create lasting chaos, making it crucial to take immediate legal action if you or a loved one has been wrongfully detained.

While no specific law directly addresses overdetention, several legal frameworks can be applied to combat it [2.]. These include:

  • Wrongful detention under state constitutional and civil laws
  • False imprisonment, which occurs when someone is unlawfully confined
  • Deprivation of federal civil rights, typically under 42 U.S.C. § 1983
  • Breach of mandatory duty under government codes requiring lawful detention practices

An attorney can analyze the circumstances of the case to determine the best legal approach for remedying overdetention.

Potential Damages for Overdetention

The compensation a person may seek for overdetention depends on several factors, such as whether the detention was accidental or intentional, if the facility has a history of overdetaining inmates, and which legal theories apply.

“Generally speaking, the plaintiff is likely to sue for compensatory damages, which can also include what are known as noneconomic damages, such as pain and suffering. It may be possible to also recover punitive damages, which are meant to punish the guilty party, if the violation was grossly negligent or can be proven intentional.”

Overdetention Statistics

  • Pretrial Detention: As of April 2024, over 460,000 individuals were held in pretrial detention, legally innocent but awaiting trial. This group is disproportionately affected by factors such as poverty, mental health issues, and racial inequality.
  • Overdetention in Los Angeles County: Approximately 20,000 individuals are overdetained each year in Los Angeles County jails.
  • Cost of Overdetention: Overdetention leads to millions of dollars in taxpayer-funded legal settlements annually.
  • Impact on Vulnerable Groups: Minorities and low-income individuals are disproportionately affected by overdetention.
  • Duration of Overdetention: While many overdetention cases last only a few days, some instances extend for weeks or even months, causing significant disruption to individuals’ lives.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.federallawyers.com/overdetention-when-jails-keep-you-longer-than-the-sentence/
2. https://www.mfellattorneyatlaw.com/overdetention-is-illegal-but-it-happens-learn-what-to-do-when-a-jail-or-prison-wont-release-an-inmate/

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