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I have a friend that has been sentenced to 1 year in county jail for DUI. He is 68 yrs old and in poor health. Is there any procudure to appeal the sentence and get him released to house arrest?
Already Tried: His wife put together some medical records and I will have them today.
Yes, a motion for post conviction relief can be filed in the court where he was sentenced and his attorney would have to have his doctor testify to the severity of his health condition to convince the court that a home confinement is in the best interests in this case. Many judges are not very sympathetic on these cases and will simply order that the defendant be placed on a medical unit in jail, but if the county does not have a medical unit and cannot get your friend the care he needs without frequent trips to the doctor/hospital for treatment, then this is something that can sway the judge to agree to home confinement.
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Experience: Attorney with over 24 years of law and traffic law