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How to file a hardship motion to get my husband out of jail?

Brainerd, MN |

on feb 9th 2012 I was in the hospital giving birth to our first child.My husband had to leave tp go to probation violation court. the court asked him to plead guilty they told him it would get him out of court and back to me the quickest. so he did they gave him 90 days in jail.so 6 days after we brought our son home I had to bring eddie to jail. Now I cant go back to work because they boy is to young for daycare. I need Eddie home before I lose my job and house and we end up homeless. My job has given me 10 more days to work out care for my son and then im fired. that means no rent money and no home.

Attorney Answers 3


  1. I am afraid that there is no remedy for "hardship" per se. The only thing that can be done is to file a Motion for a sentence modification.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com


  2. He needs a lawyer to help him file a motion, you can't file since you are not a party to the case. He should contact the lawyer who represented him earlier, or send a letter to the judge seeking modification of his sentence.

    This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.


  3. He needs to either contact the attorney who represented him or file paperwork through the jail to return to court and modify his sentence. He can ask the judge to reduce his sentence or place him on house arrest. Unfortuately, there is no hardship relief for persons incarcerated. I wish you the best.

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