He is going for 4 month to jail for DUI and i depend on him cause i still dont have adjusted status in US and im not even authorized to work and im also pregnant and dont even have a driver licence . I cant support myself so i was wondering can that fact help releasing him from jail earlier on a probation ?
The Department of Corrections may take all that into consideration, but the main focus on early release will be if your husband received any treatment for his alcohol use prior to going to jail and was that information sent with him when he went in? If did, and it wasn't sent, make sure you get it to his counselor. He is likely looking at a minimum of 60 days and if he follows his offender accountability plan and does all the treatment sessions required AND the facts of his case such as BAC level, accident, injuries, etc are not out of the ordinary he may get out early to home release.
I agree with Attorney Black. Your husband should have had some form of alcohol treatment prior to the imposition of his prison sentence. Ultimately, it will be up to the Dept of Corrections to make the determination as to whether your husband would get the benefit of early release.
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