My 20 year old son is in jail for second time under age drinking. No driving was involved. He was in his own back yard. He was sentenced to six months , by a substitue judge. He is on work release. He would like to write to the judge to try to get out early. Should he write to the substitute or the regular judge? And what should he put in the letter?
Criminal Defense Attorney
While I don't practice in your state, here is my take on your question.
First, although you didn't meniton it, the only reason I can think of as to why he would be arrested in his back yard as you claim is because someone either reported him or he was discovered by a Probation Officer, etc. In either case, he was more than likely ordered by a Judge to refrain from drinking alcohol and therefore, he was arrested because he was drinking. Is that correct?
In either event, he should probably write to the original Judge and ask to be released and see what that Judge does with him. Certainly, the substitute judge was unimipressed with him and I suspect that's why he/she put him in jail.
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