Absolutely. I have had a discussion with someone who spent 2 extra weeks in jail due to a mix up at the sheriff department. This was first hand information to me from the individual wrongly incarcerated. This was back in the year 2000, in Placer county, California. He received $2,000 a day for each day that he spent overtime. Remember that you have a statute of limitation for personal injury in your state. In California the statute of limitation for "false imprisonment" is 1 year, while any other injuries such as an illegal search and seizure, or assault and battery etc. etc. etc. is two years. So some states have a dangerous differential concerning limitations on wrongful imprisonment issues. I am not familiar with Colorado law? This case should be a no brainer, unless there exists a valid defense as to why they continued to incarcerate you over the period. 6 months extra time is a long time to be wrongly imprisoned. You can actually win a large sum of money for this violation and injury. If what that man told me was true, and he indeed did get $2,000 a day (I have no reason to think this man was lying), then spending 180 days in jail wrongly, times 2,000 a day adds up to $360,000. With inflation as it is today, you're looking at $400,000. I strongly suggest you go to an attorney, print what I wrote here and show it to him, and see if he agree's with me. If he does, then make the decision whether you will litigate the case by yourself, or have an attorney take the case on a contingency basis, where you pay him no money unless you win. Good Luck. (Do some research in your state to determine whether Colorado has a statute that covers wrongful imprisonment in jail and see if there is a flat rate for each day?) Like I said before, this case appears to be a no brainer, therefore the legal expenses and litigation involved should not be that high nor difficult. I would personally not agree to pay an attorney more than 30% of the winnings. An attorney probably will come at you with a 40% earning fee. (I have seen some attorney's demand up to 70% of the winnings) BEWARE! This case will require minimal involvement and appears to be an open and shut case. In my personal opinion, attorney's are not worth more than 30% of the earnings. If you really like an attorney, tell him that you are demanding 30% or less. If he refuses to agree, say, "I'm sorry, I would prefer to go with you, but I have found an attorney who will take 30%", and get up and walk out of his office. He might then agree in order to keep your business, and if he let's you walk out of his office without stopping you, you can always change your mind later on and take him up on his unreasonable offer.
There is one thing I found confusing about your post, you said: "I was re-sentenced January 26, 2011 to the Department of Corrections to a sentence that the Mandatory release date was 08-19-2010 but was not released from prison until 02-14-2011." You say you were "re-sentenced" on January 26, 2011, and not actually released until 2/14/2011, how can you have expected to be released on 8/9/2010, if you were re-sentenced on 1/29/2011? Can you elaborate on this for me? Give details. Also, did you ever attempt to inform the Court that you were supposed to have already been released in August of 2010, when you went to court on January 29th, 2011 to be re-sentenced?
