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What is the process for an inmate to file a motion to modify incarceration level (to house arrest) in florida county jail?

Miami, FL |

My friend is an inmate in county jail and he would like to appeal to serve the remainder of his sentence in the monitored release program so he can keep his job. He was told to file a motion to modify. Is this something he can do himself or does he need an attorney to file? Is there a specific form and strict process? thanks

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He can do it himself, however, an attorney will be able to assist to file the proper motion and present it to the Court.

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Thank you for the response. Do you how he, or I, can find the proper forms? Are they available online or can he request them from the jail?

Jaya Balani

Jaya Balani


You may be able to contact the attorney he used for his case or requesting a form from the public defender if he used them.


For the best results, he should consider retaining a Miami criminal defense attorney, and you can help him do that.

Set a free, no obligation, appointment at the office of a local criminal defense lawyer right here in Miami. One of us can review his case and determine the costs and assess the likelihood of success in his petition.

Many inmates consistently make motions and petitions to the court to somehow try to get out of prison. And they have a right to do so.

But due to the sheer volume of these petitions by desperate people behind bars, they often fall on deaf ears.

The way to get this done is to get a Miami criminal defense lawyer on the case immediately.

If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.

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Alberto Marino Quirantes Jr.

Alberto Marino Quirantes Jr.


By the way, there is no standard form for that petition. It must be drafted. There are some "jailhouse lawyers" in the prison, usually someone who is an inmate that either has some knowledge as a paralegal or a former lawyer who is there in jail offering his free help to inmates. Those are the people that write out the petitions. You can also contact his former public defender for help but they will not be appointed for this kind of post conviction relief.

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