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#1
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county to county holds and/or extraditionWhat is the name of your state?California A friend is in custody in Santa Clara Co. jail & was to be released today,but the jail says that he's being held on a warrant from another county for a charge that he's already been convicted & served the sentence for.He has proof with him in his paperwork but they are still refusing to release him,saying that it may be something else & it's not.His paperwork states that he was convicted & sentenced served.What should we do to get this problem taken care of? |
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#2
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| The person currently incarcerated may file an Writ of Habeas Corpus petition. Often times if the warden of the jail realises the petition they may release him. Otherwise under the petition the party is basically saying that they object to his own or anothers detention or imprisonment. Its usually applied whereas a defendant shows that a court ordereing the detention made a legal or factual error,but can also be used to object to incarceration,when punishment has already been served. |
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#3
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| Thank you for the info.My friend did get released finally the next night. |
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