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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend was sentenced 90 days in jail only to be served

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My boyfriend was sentenced 90 days in jail only to be served on weekends. His sons mother was locked up and was deemed unfit by child services . He stopped going to jail on weekends because he had to take care of his son. He put in a petition/ modification to change his sentence . Well he was arrested on a bench warrant shortly after. He is now in jail awaiting his hearing on Friday. What are the chances he will be released because he had a good reason and did petition the order before a warrant was issued. I understand if bail would be set. Just curious to see what I am up against


This is hard to say because it is at the discretion of the judge. Judges do not like defendants who ignore court mandates, and there is never a good time to be incarcerated. There are always obligations that can be tended to.

Your boyfriend put in a petition to get his sentence modified, but it would appear that he didn't want to wait for the answer. Several things will factor into the judge's decision. The history and background of your boyfriend and the facts of the underlying case is always a consideration. Other things the judge is likely to look at is the recommendation from the prosecutor, whether or not his son's mother was locked up and lost custody before or after he agreed to do weekend incarceration in the first place, how long he waited after filing his petition before failing to appear at the jail, how long it took him to return on the warrant and whether that was voluntary (he came to court as soon as he heard) or involuntary (the police picked him up). Who's watching the kids now may also be significant, because if he can arrange for this, he could also have arranged for the other.

In my experience, unless his facts are very favorable, he will need a lawyer when he appears before the judge if he is to have any chance at avoiding straight jail time. With a lawyer, he may at least be able to get weekend incarceration back. Alternatively, maybe the lawyer can propose an alternative such as house arrest which the judge may be amenable to.

Customer: replied 4 years ago.

I am currently watching his son. I wasn't around before. He put the petition in after child services deemed her unfit. He did miss two weekends before hand but he was a allowed to miss 3 weekend in total for the 90 days. So when he agreed to weekends there were no issues with the mother till after. And he didn't wait long to petition the matter. He has a lawyer I wanted to get a second opinion. His lawyer said it shouldn't be an issue to get him out but eventually the 90 days will need to be served out whether back to weekends or housearrest. I am watching his son but iI also work I can't afford daycare with my salary for my own kid and his. So I'm hoping he will be out

Hi Colleen,

Your boyfirend can't get around doing the time. The only question is whether it's straight, weekends, or house arrest. But the facts are all very favorable.

I'm pleased to hear he has a lawyer. From what you tell me, in this last post, I agree with your lawyer. He knows the judge and your boyfriend's circumstances are nowhere near as dire as they looked to me when you first asked the question. If the lawyer believes he can get him out and keep or improve his status quo, I see no reason to disagree with him now that you have clarifed things.

I have had clients who only missed one weekend they were not allowed to miss get restored to weekend probation with good reason.
Customer: replied 4 years ago.

Thank you. I just needed a second opinion. He runs a bussiness with his brother and his brother is lost without him. I'm lost and confused and its only been 4 days. Just wanted to know the odds of him being able to leave Friday.

He'll get a stern talking to, but it looks good to me.

I wish you both well.
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