My fiancé was convicted of a level 6 felony for domestic battery in front of a minor (him & his 18 year old daughter had an altercation after she was hitting him and his 14 year old was with them) but they never took our side of the story. The judge sentenced him to 4 months work release then 2 months home detention. He has been employed as a CDL Driver that crosses state lines (usually just Ohio) for 4+ years and makes good money. The work release program does not approve his job since they have no way of monitoring his movements but home detention works with semi drivers and will allow him to keep his job when he goes on home detention. Is there anyway that the judge could modify his sentence to strictly home detention even if he does extra time? I am unable to work due to my 2 year old having autism & having therapies Mon-Fri + I care for his twin sister. Since work release didn’t approve his job, he has to take a MAJOR pay cut doing a different position with his current employer which puts major hardship on our family to keep our house, vehicles, utilities etc. How likely is it that the judge would reconsider the sentence? He has to turn himself in today at 4pm to work release!
The chances for what essentially is a modification of executed time depends on whether this was a set sentence in a plea agreement or if the result of open sentencing by the court. If by agreement, the court is bound and cannot change it unless the prosecutor agrees. Even if it were the result of open sentencing, the state could object but the court could rule favorably over that objection. The attorney who had represented him should be consulted as to the status of the sentence.
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