What to do if my son being held in prison after a judge ordered probation?

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What to do if my son being held in prison after a judge ordered probation?

My son went to court on Friday, was back in jail by 10:30 am, phoned, and said the judge ordered level 3 probation. Central Records denies ever getting the orders and Superior Court said it was emailed immediately from the court room. After numerous phone calls and a holiday weekend he remains in jail. Someone said he is to be paid for each day he sits in jail after an ordered release. Is this true and how can this be fixed?

Asked on September 5, 2010 under Criminal Law, Delaware

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am not sure if he is to be paid for each day he sits in jail after an ordered release that probably occurred on a Friday before a holiday weekend.  Oftentimes the courts are backed up and if the Superior Court clerk is telling you this and central records has no record, then you need to go immediately to his counsel (whether it is a private criminal defense attorney or public defender).  Counsel will need to first verify if the order for probation did come down and if there is an official record of the email supposedly sent to central records.  If so, this may be enough fuel (depending on how long your son had been sitting in jail) to negotiate down the amount of his probation.


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