Question:

Can a police department over ride a judges decision in court?

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If you're sentenced to 365 days in jail and you appeal it and go back before the judge with your attorney and the judge reduces the sentence to 30 days, two for one, so you should only serve 15 days, can a police department refuse to let you go and make you stay the 30 days?

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8 ANSWERS


  1. It depends. If it really was the court's decision, only a higher court or the legislature can reverse a judge's decision. That's the simple answer. I do not know what the circumstances of the decision were, it may be different if the decision made by the judge were unlawful or in violation of court rules.  


  2. Nope, the Judge has the final say when handing out a sentance. As Police we can voice our concerns, but only through the Prosecutor.

  3. The Judge has the final say and the sentence must be complied with.   BUT you are asking about good time/ work time jail credits... 2 days credit for one served.  That is at the discretion of the jailer.  In sum, your maximum sentence is 30 days by the court.  You are not automatically entitled to the jail credit time.  

  4. no or they'll be in contempt of court, nothing new though for those guys

  5. The judge is the boss. Everyone else follows what the judge decides.

  6. I dont think so but you should ask to Paris Hilton

    remember the sheriff wanted to release her to home confinement

    but the judge order her back to jail


  7. The Bureau of Prisons or County Sheriff has to obey the Judge's order.  The Police cannot disobey or they will be in contempt.

  8. The police dept doesn't have the ability to change your sentence. Furthermore a police dept does not hold prisoners, this is done at the county jail which is typically run by the Sheriff's Office.

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