How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CrimDefense Your Own Question

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15973
Experience:  7+ years defending Misdemeanor and Felony cases.
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

If an individual has a dramatic health decline in county jail

Customer Question

If an individual has a dramatic health decline in county jail in NYS, can a lawyer get this individual placed under house arrest while he is serving time already in jail?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. What is the decline in health related to?
Customer: replied 1 year ago.


He was given no seizure meds for over 2 weeks upon his sentencing.He has multiple seizure activity that was ignored. He fell, hit his eye and head and has declined in weight, has lost over 14 lbs in 3 weeks, now in a wheelchair in jail, and is not eating. History of stomach issues, is waiting pancreatic testing and has not received all of his stomach meds in jail still to date. To date, his face has been swollen, blood in his eye still and currently has not been discharged to the hospital.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. A motion could be filed with the court, asking that he be released from jail and confined to his own home, as a result of his medical condition and decline in health. The burden would be on him and his attorney, to show that he is not able to get the proper medical care/attention in the jail, which is resulting in his current health issues. The jail should be properly staffed to treat him but if they are failing to do so, the issue needs to be brought before the Judge. The lawyer may want to try and obtain a medical evaluation of the inmate as well and to see exactly what has not been done and to show how he has been neglected.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15973
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


I have keep a record of everything that has been done there daily, when my attorney contacts the physician in the jail, they do not provide him with correct information, or ignore his requests. My attorney tells me that he has not ever filed for house arrest once his client is actually in the jail, but I believe, firmly, that this process could be done. My fiance, who is in there for DWI for a year, could benefit from being at home and getting the medical needs that he should be receiving properly. My issue, is, trying to advocate these issues to the correct person. Is is feasible and useful positive approach for my attorney to file this action for house arrest?

Expert:  CrimDefense replied 1 year ago.
Your attorney could file the motion and address the issue with the Judge, asking that the sentence be served at home, instead of in jail. The worse thing that happens is the Judge denies the motion but if your attorney can present evidence to show it is medically necessary, then it could be considered.
Customer: replied 1 year ago.


What if my fiance's regular specialist is wanting him to be placed in the hospital knowing what is going on, but the in house physician is not doing so, even with a recommendation from the specialist and nothing is getting accomplished, what should my attorney be doing and should our attorney be going into there to visit and investigate?

Expert:  CrimDefense replied 1 year ago.
Your attorney should try and determine if he can get an outside doctor into the jail to evaluate the current condition of your finance. The Judge is not going to take the word of his specialist, who has not actually seen him and checked him out, as the basis for his release. It will need to be shown that it is medically necessary to release him since he can not be treated in the jail by their staff.
Customer: replied 1 year ago.


The problem, is, at this time, I can not take any photos of my client, but my attorney has viewed his appearance in the last court visit when they brought my fiance in a wheelchair. Also, the jail does not allow anyone outside in wheelchairs they say, thus, he has not gotten outside for over 3 weeks at all. The physician and the nurses on staff do not return my phone calls. I am not sure our Attorney is doing everything necessary to ensure my fiance's health. I feel that my fiance is going to expire there and I am truly dealing with a very difficult situation. I have already paid our Attorney, and if he can not provide any help or assistance needed, how do I find an Attorney that can help me in my area and do Attorneys do a pro bono for something like this? I appreciate your feedback, this is a very stressing, sad, and emotional situation.

Expert:  CrimDefense replied 1 year ago.
I do understand. You need to ask your attorney if he can handle this or not. If he says no, then you want to find another attorney to handle it and can contact your State Bar Association for a referral. This is certainly not going to be easy and the odds are against your fiance. However, an attempt does need to be made and as much evidence as possible needs to be presented to the Judge.
Customer: replied 1 year ago.


Would you take on an action as mentioned above, or do you feel as an attorney, this is too difficult a challenge to prove?

Expert:  CrimDefense replied 1 year ago.
I would not have a problem filing the motion and trying to achieve what you are requesting but I would advise my client from the start, it will not be something that the Judge is likely to grant, unless there is a great amount of evidence to show that if he is left in jail, to serve the remainder of his time, he will suffer serious harm to his health.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.