When Destiny Hoffman, 34, was ordered to serve two days in an Indiana jail she never imagined it would be 154 days before she would be released.
Ms. Hoffman was a in the county’s drug treatment program, and was then arrested for diluting her drug screen results. Her two-day sentence had meant to serve as a slap on the wrist by the Clark County Drug Court Treatment Program. Unfortunately for Hoffman her sentence turned out to be, “a big screw up” according to Clark County Jail.
Judge Jerry Jacobi ordered Hoffman serve the 48 hours with no option of release via bond, “until further order of the court.” Not having been offered legal representation Jacobi had ordered Hoffman’s incarceration without granting her a hearing.
Unfortunately Hoffman’s day in court didn’t come until five months later. She spent months sitting in a jail cell without legal representation, due to her case falling off the court’s radar. She was simply forgotten; unaware of what was happening to her she sat without questioning why she hadn’t been released.
When released her Attorney, Nathan Masingo was shocked, unaware that she had even gone back into the system; he is prepared to fight for compensation. All charges against Hoffman have been dropped, she will not be required to serve probation, and her cases are finished.
Since her release she has met with her attorney to peruse filing a civil suit against Clark County for her extended jail term. Since being released she has stated that all though she had written several letters to both Judge Jacobi as well as a member of the drug court staff she had never received a response to her plea.
As she moves forward with her suit Clark County is remaining tight lipped on the case, not releasing any information while the case is still in investigation.
Attorney Patrick Donovan is a criminal defense attorney in Massachusetts. Attorney Donovan is a former assistant district attorney that has appeared in over fifty courts in Massachusetts. Attorney Donovan represents people charged with both felony and misdemeanor crimes.