Sentenced to 48 hours, released after five months.

[Savannahmann]

In what is being called a "big screw up" Destiny Hoffman was sent to jail until further notice from the court without a bond hearing, and without legal representation. The intent was for the drug program offender to be held for two days. It wasn't until an Assistant District Attorney was reviewing old cases that she found that the defendant was being held. The ADA requested an immediate hearing on the status of the offender. Imagine her surprise when she found Destiny Hoffman still in jail.

A participant of the Clark County Drug Court Treatment Program sentenced to 48 hours in the Clark County jail was released from the facility Thursday — 154 days after being placed behind bars.

Destiny Hoffman, 34, Jeffersonville, was ordered to serve two days in jail on Aug. 22 by Clark County Circuit Court No. 2 Judge Jerry Jacobi.

The sentence came after Hoffman provided a diluted drug screen result, a violation of the drug court program, which Jacobi oversees.

Five months without a hearing, without an attempt to offer bail opportunities, and no review. Just held and whoops we forgot you were in jail for the last five months.

http://www.newsandtribune.com/local/x1427971265/A-BIG-SCREW-UP-Woman-sentenced-to-two-days-in-Clark-County-jail-serves-five-months

Hey these things happen. We forget things all the time. We forget where we left our car keys, wallets, favorite shirt. Why once I lost a pair of Hawaiian shorts. These things just slip through the cracks right? Sure, a woman was left in jail indefinitely, and who knows how long she'd have been there if the ADA wasn't just going through old cases and marking them as wonderful.

Here's a surprise, Destiny is expected to sue, just because her Civil Rights were violated. Ya think?

I've lost twenty dollars before, and found it again when the seasons changed and the jacket was once more warranted. I lost some paperwork that I needed for work. I misplaced my birth certificate, but I wasn't worried, I was pretty sure I was born. I did take steps to get another copy. I've forgotten to call someone back before, I'm sure we all have. I don't think I've ever forgotten for five months, but hey, we're all human right? Judges are really busy man, give them a break.

[defacto7]

1. What's really sad...

It doesn't look like she had anyone who could approach the DA or the court... family? No one?

[kcr]

3. I know. How horrible.

And think about how long 5 months is. Think back to where you were, and then think to now and imagine that whole time being in jail. It actually might seem like it wasn't that long ago to us, but for her? Sitting in jail, knowing you weren't even supposed to be there, and wondering if anyone was even doing anything about it. It must have been eternity. Poor woman I hope she gets a nice chunk of change.

[Egnever]

2. Hmm

She made no attempt to find out what was going on?

Lame they misplaced her but why didn't she do something about it. Very strange.

[defacto7]

4. She probably didn't know what to do.

It's not like there is anyone in jail who she can just go up to and say something. The courts or lawyers usually have to call them into a session from the outside. If she felt intimidated I'm sure self preservation is all she could think about. That's why I was wondering about family on the outside. Inside, you don't have recourse at all if you don't know to ask for it, and even then they can ignore you.

[Egnever]

5. Sure there is

There are plenty of guards to talk to and there are also plenty of "jailhouse lawyers" inside the jail itself. 154 days is a long time to hide in your cell.

Maybe things have changed since I spent time in jail but I could write requests anytime I wanted pretty much when I was there and hand them to a guard who would see them delivered.

And I was in Clark county the same jail she was in. Vegas you gotta love it

[defacto7]

6. No comment....

[davidpdx]

7. It's terrible that it happened and it shouldn't have

But I have to wonder whether she had anyone on the outside who wondered where she was. Thanksgiving, Christmas, and New Years went by and no one in her family wondered about her?

[giftedgirl77]

8. She wasn't the only one...

Jason Ray O'Connor, Jeffersonville, served 215 days in jail after being ordered to serve a 30-day sanction by Circuit Court No. 2 Judge Jerry Jacobi, according to a motion filed with the court Friday by Clark County Deputy Prosecutor Michaelia Gilbert. O'Connor had been remanded to the Clark County Drug Treatment Court on June 24, 2013, to serve the sanction by Jacobi, who oversees drug court, according to the motion.

"As of Jan. 24, 2014, the defendant has remained in the custody of the Clark County Jail without due process hearing as the Clark County Drug Treatment Court has failed to bring the defendant to court for any hearings regarding the status of his case and has failed to notify the Clark County Jail that the defendant is eligible for release," Gilbert wrote in the motion.

Gilbert's motion was to immediately bring O'Connor to court for a hearing regarding the status of his case. But instead, an order was issued from the court to the jail to release O'Connor of his own recognizance, according to online case records.

O'Connor's release came the same day that the News and Tribune reported on Hoffman's 154-day stay in the Clark County Jail after being ordered to serve 48 hours by Circuit Court No. 2 Judge Jerry Jacobi. In both cases, the Clark County Sheriff's Office was ordered to hold the defendants "until further order from the court."

http://drugpolicycentral.com/bot/article/newsandtribune9856.htm