Thursday, February 4, 2010

Can a Jail be sued for false imprisonment?

If A judge sentence orders a person who has served 180 days to serve the final 180 days at home on the bracelet rather than in a jail. but the Jail does not release the person home but rather choses 6 month confinement rather than at home on the bracelet is this not false imprisonment?Can a Jail be sued for false imprisonment?
Your County Sheriff is in charge of jail operations.


He has some latitude in the application of orders of incarceration.


It still sounds fishy,Chica.


If your lawyer sues anyone,it would be the County and the Sheriff.Can a Jail be sued for false imprisonment?
You can't really sue the jail unless the warden made the order. Other than that, it's a judge's call, the jail just follows orders.
The jail does not have the right to change the sentencing parameters without legal review and addendum to the order. But a jail does have the right to delay release into a circumstance if they are in initial custody of the prisoner if there are concerns for the well being of the prisoner, the public, or the conditions to which the parameters are set. Such as: The Home in which one is to serve one's sentence is damaged or condemned or otherwise deemed unsafe or unfit for the purpose in sentencing.
no it always up to the home release program if they want to let you or not the judgement is more like he's saying it ok to do but the sherriff office has finnial say
Your story appears to be ill as a judge ordered your release, but some prison dragged you back inside and refused to let you out until 6 months. Exactly what color was the elephants? Where was Donald when all this was happening. And have you obtained counsel from Mickey, Minnie and Mickey.
In general the jail and its officers cannot be sued for damages, but the jail can be sued to force them release the person if they are not abiding by the judge's rules.
The judges recomendation of release and home incarceration is just that,the sheriff or jail has many options to comply or not comply. if the home was unsuitable, either due to conditions,or due to occupents being criminals or involved with drugs or acohol or being located to close to others such as co-conspirators in your past offenses or to the victims witnesses also can does the county have the resouces to monitor your release and do you have the money to pay for the bracelet and monitoring (those are at your expense,runs about $125 a day here payable PRIOR to begining your release, youd have been responsible for paying about $22,500 to get out of jail).Also your conduct in jail determines if your suitable for release or in the opinion of the law enforcement bettter kept incarcerated.lots of circumstances to consider, its only false imprisonment if they held you for something they knew you didnt do or for no reason without any conviction of a crime,the sheriffs depeartment or the prosecutoror even the friend of the court and block your release to home,which usually isnt a court order,but a option granted by the court ,to be excercised at the jails discretion
Judge's orders usually are what goes. Unless, you've been sent to jail on another offense, or an outstanding warrant.
It is not.





In the US, judges don't usually order that house arrest be the only choice. They order a period of confinement and instruct the sheriff that it MAY be served as house arrest.





The sheriff then makes the decision based on jail resources. So, if they don't have the ability to monitor someone on house arrest but they have room at the jail, that may be where the inmate ends up.
Nope, they should be kept of the streets.
NO.
Technically it's not the jail's fault. They take orders from the court.
There might have been a miscommunication. Maybe you can get to a phone and call your lawyer? Request to call a lawyer.

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