Legal Question in Criminal Law in California

how to get disababled person released early from jail

mentally disabled person sentenced

to jail for 14 year old dui convention

for not pay fine-taking class. became disabled 4 years ago-sentenced to 180 days. trying

to get earlier release-how?


Asked on 7/13/06, 4:13 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: how to get disababled person released early from jail

An early release for your friend is very unlikely. Disabled people who are convicted of crimes have to serve their sentences just like other convicts. A terminal or life-threatening illness can sometimes justify an early release, but an ordinary disability cannot.

The judge who sentenced your friend must have been aware of his disability and, if she thought it was relevant (which it probably wasn't), factored it into the sentence.

One of the reasons we send criminals to jail is to deter future crimes. If disabled people were entitled to lighter sentences they would be more likely to commit crimes than the able-bodied. There is no good reason to give them less incentive to obey the law.

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Answered on 7/13/06, 12:27 pm


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