My brother is serving 3 months for a DUI in County Prison. After his release, he is to immediately start electronic GPS monitoring, only problem is that his release from prison date is on a Saturday, and the constable does not work that day to set up the EHM, so they are telling him he has to spend an extra 2 days in prison because of this. Can he file a motion with the court for early release the Friday before his release date (on account, for instance, of the fact that he would be spending MORE time than the sentence imposed if not released that Saturday)?
Criminal Defense Attorney
You could do that or you could file a motion directing his release on the release date despite the constables schedule. Depending upon how much more time your brother has to serve it may or may not be worth his while to file the motion unless you can get it on the emergency list.