Legal Question in Criminal Law in Minnesota
60 Days jail with Huber/Work Release
I have to report this Friday. I was told because I'm self employed that my business, the work house will not let me have work release. My questions is can I get the judge to give me a new report date or ask for a date to have this completed by, so I can work build up some money and keep my home and family. The work release said no the electronic home monitoring. I'm on 5years probation for this case and would like one year from the end of June 09 to have this completed by. Is this something that I can get a judge to agree to, since me serving right now would more than likely cause me to lose my home and family and we don't have the money to pay for the work release right now.
1 Answer from Attorneys
Re: 60 Days jail with Huber/Work Release
I am afraid that on such short notice, filing an effective Motion before the court to modify the sentence is unlikely to be fruitful. The presecutor would have to be served on any such motion and the matter would have to be heard before the sentencing Judge. Potentially, the prosecutor could agree to a modification which could then be brought more quickly before the court for an amended sentencing order, but even that may take too long and a Judge would be extremely unlikely to allow a full year before your report. Some judges may consider a staggered sentence where part of the sentence is served each year over a three year period.
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