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State drops charge against woman held 154 days for 2-day sentence

January 29, 2014

A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.

Records show the state moved Tuesday to dismiss a Class D felony charge of possession of a controlled substance against Destiny Hoffman, 34, of Jeffersonville. Hoffman was released Friday after spending 154 days behind bars. She had been sentenced to 48 hours after submitting a diluted drug screen.

The Odyssey chronological case summary in Hoffman’s case shows Clark Circuit No. 2 Judge Jerry Jacobi issued the 48-hour detention order Aug. 22, but the minute entry wasn’t recorded until Sept. 4. No subsequent activity is reflected in the case summary until the state moved Jan. 22 for an immediate status hearing upon discovering Hoffman’s detention.

The case was highlighted Tuesday on the American Bar Association Journal website. Hoffman intends to file a civil-rights lawsuit, according to her public defender, Nathan Masingo.

Masingo, appointed after the wrongful detention was discovered, told the News and Tribune of Jeffersonville that Hoffman was not represented by counsel when she was ordered jailed.

 

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