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Woman gets 2-day jail sentence, serves 5 months

Woman Gets 2-Day Jail Sentence, Serves 5 Months

An Indiana woman might be filing a lawsuit against the county that arrested her after she served more than 100 extra days in jail.

Destiny Hoffman, 34, was sentenced to 48 hours in jail after she submitted a diluted drug test and violating her drug court program. But more than five months later, Hoffman was still in jail.

The News and Tribune reports a judge told Clark County Sheriff's Department to hold Hoffman 'until further order of the court.' Hoffman was also scheduled to undergo an evaluation but that never happened and the court order never came, so she remained in custody.

Hoffman was finally released after a Clark County Deputy Prosecutor started reviewing old case files and came across hers. Now, her incarceration has been deemed unlawful and could result in a civil suit.

A pretrial hearing over the matter will be held Monday.

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art January 28 2014 at 11:50 PM

what was her court appointed attorney doing during the process?

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1 reply
mbne26 art January 29 2014 at 12:38 AM

most of the time a court appointed attorney doesn't know you name. there terrible.

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eafried January 28 2014 at 12:31 PM

Did this woman, uh, perhaps, uh, have an ATTORNEY? You know, someone whose responsibility it was to monitor the situation and look after the interests and rights of such attorney's CLIENT.

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1 reply
kpamesa eafried January 28 2014 at 12:42 PM

probably couldn't "afford" an attorney - and the one that represented her on the original drug case is probably still waiting to get paid....

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JOHN January 28 2014 at 12:30 PM

What I remember about Clark County, when I lived across the river in Louisville, KY, that doesn't surprise me!

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rob January 28 2014 at 12:28 PM

Id like to know how 100 days equals 5 months????

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LAURA January 28 2014 at 11:33 AM

No friends or family to bring her to the judges attention?

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1 reply
mrosanero06 LAURA January 28 2014 at 11:41 AM

nO this way they can get some money out the deal

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dtk110 January 28 2014 at 11:33 AM

did she not say anything?

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4 replies
harunksteve January 28 2014 at 10:35 PM

hey, cheaper than rehab - hope she straightens out, gets her money and things are better than when she screwed up - good luck, girl...

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resnetwk January 28 2014 at 12:25 PM

Two days for drugs that accidently turned into 5 months. That is really, really sad when you consider the recent case where a baby sitter, murdered the child she was keeping, and was only sentenced to 5 years. If murdering a child is only worth 5 years, then someone doing drugs should not even be brought to court. Maybe they can "accidently" keep the murderer for life.

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netmgr3190 January 29 2014 at 12:23 AM

Good Luck, the correctional facility was following the Judge's Order, they are not liable. The Judge is at Fault, and by statute the Judges are immune from lawsuit. So she will have to prove that the governing body had knowledge, or should have had knowledge that the female was beyond release date.

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barryaclarke January 29 2014 at 12:24 AM

Hmmm, I wonder if the real reason why the lawsuit is filed is she's now clean and can't stand the fact she can get a job and pass her drug screening................

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