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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100583
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My future daughter in law was involved in a accident n 2014

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My future daughter in law was involved in a accident n 2014 and two people were seriously hurt and she got a DUI. The judge ordered some jail time back to back for two passengers that were in the vehicle. They have waited until now for her to do her time but she is very such and has been under a doctor's care since the first of 2015 with two surgeries sand the last one was in January of 2016 which she was never released to go back to work and has been seeing doctors ever since then doing tests and more test. When she couldn't go back to work her employer stopped her medical insurance and she lost her apartment and everything else. She is not able to spend time is jail. Is there an alternative or such a thing as in house arrest for this type situation?
Submitted: 5 months ago.
Category: Legal
Expert:  Ely replied 5 months ago.

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I am sorry to hear about this situation. Unfortunately, there is no immediate alternative to incarceration unless the Court specifically allows it. Her attorney wants to file a motion asking the Court to allow her probation/parole of perhaps house arrest in lieu of incarceration. However, the chances of that being granted are slim, honestly. Another alternative is to ask to go in on weekends, and then work (or, recuperate in her case) on weekdays - this is sometimes allowed for short term sentences.

The jail or prison that she would be does have a constitutional right to ensure that her medical needs are taken care of however, if she ends up being incarcerated.

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