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FiveStarLaw
FiveStarLaw, Lawyer
Category: Criminal Law
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Experience:  25 years of experience helping people like you.
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My husband was under home confinement for 16 months before

Customer Question

My husband was under home confinement for 16 months before he signed a plea agreement of over 2 years. This was a federal crime, as his wife I have power of attorney. Can I petition the judge and see if the time served at home for 22 months with a tracker on can be deducted from his sentence, and what are the chances of it happening?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  FiveStarLaw replied 5 years ago.
Hello,

You can use the POA to retain an attorney to petition the court on your husband's behalf. You cannot act for your husband in court regardless of your POA. Only attorneys can represent a person other than himself.
Customer: replied 5 years ago.
can my husband have the time he was under home confinement deducted from his overall sentence?
Expert:  FiveStarLaw replied 5 years ago.
Hello,

That will be the judge's decision however it would not be unusual for the time to be deducted.
Customer: replied 5 years ago.

is there a difference between house arrest and home confinement? He did have a tracker on his ankle and had curfew, is this considered house arrest?

 

Expert:  FiveStarLaw replied 5 years ago.
Yes it is the same.
Customer: replied 5 years ago.
Last question. lol If I have my attorney petition the court can the prosecutors appeal the judges decision if he allows the time to be deducted, and what are the chances of the prosecutors doing so?
Expert:  FiveStarLaw replied 5 years ago.
Hello,

No the prosecutors cannot appeal on the basis of time being deducted.
FiveStarLaw, Lawyer
Category: Criminal Law
Satisfied Customers: 36409
Experience: 25 years of experience helping people like you.
FiveStarLaw and 12 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

sorry another question what does the cost usually run for having an attorney petition the judge for something like this? My mother-n-law wants to know

Expert:  FiveStarLaw replied 5 years ago.
Hello,

Sorry. Just received your follow up question. I would guess in the 1500 range.

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