Legal Question in Criminal Law in Virginia

emblezzement

when sentenced to do 12 months in jail can you get out on house arrest due to family sickness my boyfriends mom is a diabetic and she cant keep her sugar down since he went to jail the family is willing to pay for the house arresst and how much of the 12 months does he have to pull and can he petition the court for house arrest if you pled guilty


Asked on 8/12/05, 9:38 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: emblezzement

Typically the Court can appove alternate sentencing programs that the sheriff administrates but he cannot order the sheroiff to do anything. Work release, work programs, home incarceration are all run by the sheriff. The person has to qualify and modify his house. The person wears an electronic bracelt which checks his whereabouts. The phones have to be changed so that the sheriff can always get through (thats how they check the bracelet). At sentencing the defense lawyer should ask the judge to approve such a program. The lawyer should confer and get the cooperation of the prosecutor if possible. If the gentleman has already been sentenced his lawyer needs to bring the issue up with the proper people again.

The chances are slim but possible. Under special circumstances, you may be successful.

Good luck

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Answered on 8/13/05, 4:02 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: emblezzement

The "he"(and presumably defendant) whom you are referring to should present these questions to the defense attorney who represented him in this matter.

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Answered on 8/12/05, 10:00 pm


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