Skip to main content

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

Posted

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

Mark as helpful

1 found this helpful

4 lawyers agree

3 comments

Patrick T. Donovan

Patrick T. Donovan

Posted

I agree

Asker

Posted

motion for sentnece modification is that a situation where i can get papers fo fill out or am I writing more letter to the judge?

Maury Devereau Beaulier

Maury Devereau Beaulier

Posted

I do not know of any forms for doing so. However, it requires far more than a letter to the Judge. You must file a Motion supported by an affidavit and legal arguments as to whether the sentence can or should be modified.

Posted

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.

Mark as helpful

1 lawyer agrees

Posted

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.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics