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The booking photo of Destiny Hoffman, whose 48-hour sentence turned into a 154-day incarceration, thanks to a judge’s oversight and Hoffman not speaking up.
An Indiana woman sentenced to 48 hours in jail ended up spending 154 days behind bars after a judge forgot to issue an order for her release.
Destiny Hoffman, 34, was left lingering inside a Clark County jail for more than five months in what's been dubbed by Special Judge Steven Fleece, who eventually set her free, as "a big screw up."
News and Tribune reports that the Jeffersonville woman was locked up for two days after providing a diluted drug test — a violation of her drug court program.
Judge Jerry Jacobi instructed Clark County Sheriff's department, through a bond notice, to hold Hoffman "until further order of the court."
She was also due to undergo an evaluation.
But Judge Jacobi never issued an order for her release and she never even underwent the evaluation, so she remained in custody.
It also emerged that Hoffman's incarceration was ordered without a hearing or legal counsel.
Hoffman's case only came to light when Clark County Deputy Prosecutor Michaelia Gilbert started reviewing old case files.
She discovered the blunder and sought an immediate status hearing. Hoffman was released the following day.
It's unclear why Hoffman didn't speak up about her never ending sentence.
But her attorney Nathan Masingo told Opposing Views that she is now considering launching a civil suit against Clark County.
"I would expect this will result in a lawsuit for the county," he said, adding, "I think from talking with my client, that's her intention, at least. I can't comment if there is a case there or not."
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