Destiny Hoffman, 34, was sentenced to 48 hours in the Clark County jail. She ended up spending 154 days because the judge did not issue an order for her release.
Hoffman provided a diluted drug test, which is a violation of the drug court program she was a participant of, resulting in the 48-hour sentencing, reports News and Tribune. Judge Jerry Jacobi, who oversees the program, instructed the Clark County Sheriff's department -- through a bond notice -- for Hoffman "to be held until further order of the court."
Judge Jacobi never issued an order for her release, and so she was held for 154 days.
Court records indicate after Hoffman's 48-hour jail sentence she was to be held "pending evaluation and treatment recommendation."
Neither ever took place.
Hoffman's incarceration was also ordered by Jacobi without a hearing or legal counsel.
Her incarceration has been called "a big screw up" by Special Judge Steve Fleece, who ordered her release, reports The Washington Times.
Had it not been for Clark County Deputy Prosecutor Michaelia Gilbert, Hoffman may have still been in prison.
Gilbert was reviewing old case files when she began investigating Hoffman's case. Upon review, she entered a motion seeking an immediate status hearing. She wrote that Hoffman's civil liberties were violated by the term of her incarceration.
Hoffman "has remained in the custody of the Clark County jail without a due process hearing," she wrote.
The next day Hoffman was released.
Judge Fleece asked Hoffman why she had not told officials of her ongoing incarceration. She did not give a response.
Nathan Masingo, Hoffman's attorney, says a civil suit against Clark County is possible.
“I would expect this will result in a lawsuit for the county,” he said. “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."