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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27626
Experience:  10+ years defending Misdemeanor and Felony cases.
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My brother has done 6 years in prison.we had a hearing modify

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My brother has done 6 years in prison.we had a hearing modify sentencing do to my dad since June has lymphoma and he was giving modification to 1 year probation and 9 months so he can help take care of my dad and help him get to chemo that takes 8 hours .but when he was let out another county had a hold on him from 5 years ago that he went to court for.and they came got him to do 37 days in jail is there any thing we can do.our dad is bad his the only son and his will to even take more probation time just to be with my dad but they took him to jail still for the 30 some days.please help we just want him to have time with my dad.we live in Indiana.and my brother is in Marion county.
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. I certainly understand the situation and your concern. What was the hold for? Did they consider giving him credit for any time served? Has the chemo therapy started yet, for which you dad needs help with?
Customer: replied 3 years ago.

DUI and yes my dad stared chemo but 8 more weeks of it.but his bad.and they said its flat time serve day for day.

The situation really is tough. The reason being, is that the only way that he can be released sooner is if his sentence is modified, just like before. If they are not going to give him any credit for time served nor considered an alternative sentence at the time he before the court, he can only try and show the hardship which this is causing and how your father relies on him. The problem is that the court may see that there is you, as well as other family members and friends who can help, so it is not a situation where your father ONLY relies on your brother and without him, it is impossible for him to obtain the proper care and treatment. Even upon release, he should be able to help for the remaining 4 weeks or so, so you brother is going to have to show such an extreme hardship. Another alternative would be to see if they would agree to allow him to server the time over the weekends and then once treatment is over, serve the remainder of the time straight through.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 3 years ago.

There is one other situation I'm his sister with colon cancer and going through treatment .we have had 5 family members die since June one was my dads baby brother and grandma which his brother died of brother was last hope for help that's all.

Thank you for adding that additional information. The death of the family members and your current situation make this more tragic as well. If he were to go before the court, he is going to have to explain to the Judge and Prosecutor why he should be released early or have the sentence modified, to allow him out of jail. He is going to have to answer to the Judge why he is the only one to help and why this old case was never resolved. It is clear that cancer is effecting your family greatly but it is not a direct reason for his release, since he is not effecting him. His release is needed to help you and others but the Judge is going to want to know why nobody can help in this situation. If there are answers to those questions, it is possible that the Judge may consider it.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!