Criminal Law Questions? Ask a Criminal Lawyer.
You seem to have mixed issues of both family law and criminal law. I'm an attorney focusing on both those areas and I'd like to see if I can help you with the advice you are seeking. However, I'm uncertain as to what you are trying to accomplish. Please tell me a bit more about your situation and, most importantly, provide your specific questions.
First, let me say that I hope that your criminal defense attorney is working for you. While you are probably right in your statement of facing prison time, it also seems that you have several mitigating circumstances that may be used by your attorney in an effort to avoid prison time.
As to the family issues, I don't see any obvious improvement in getting divorced simply for the transfer of assets. First, if your assets are joint, then you husband may do as he desires while you are incarcerated. Second, if any assets are in your name at this time, you can simply transfer them to your husband prior to your sentencing.
Please let me know if I've missed anything or if you require additional assistance.
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Could restitution come from your estate - Yes.
Would life insurance be wise - Certainly, presuming you can obtain a policy with your condition.
Can sentencing be moved - Probably, check with your criminal defense attorney. He is certainly in a better position than I to assess the situation and make a determination as to the probability of success.
Is home confinement possible - Again, this is an excellent question for your defense attorney. While prison is certainly possible for your future, you do have some excellent arguments for mitigation, I would urge you to discuss these thoroughly with your attorney.
Best of luck!
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