Legal Question in Appeals and Writs in New Mexico

Winning a criminal appeal is usually not the same thing as an acquittal. In most cases the prosecutor is free to re-try the defendant. Even if he ultimately decides not to, the defendant is not entitled to be released while the prosecutor is making up his mind. Escaping during that process would be just as much a crime as it would have been if the appeal had failed.

I would need to know exactly what happened and when before I could say whether your husband should have been released instead of being sent to the halfway house. Mistakes like that don't happen often, so I doubt that's what happened here.

Even if you're right about what happened, I doubt your husband will be sentenced to time served. Such sentences usually involve time the defendant has already served on the same charge, not on a prior charge. If the system worked that way, your husband would have been free to commit any new crime punishable by two years in prison, knowing he could not be sent back to prison for it.