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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27643
Experience:  10+ years defending Misdemeanor and Felony cases.
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If an individual has a dramatic health decline in county jail

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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?
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 4 years 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.

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.
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Customer: replied 4 years 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?

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 4 years 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?

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 4 years 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.

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 4 years 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?

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.