serving a sentence of 3 yrs (18mo) in county jail for poss for sale of a narcotic, also has deportation hold, but is a legal US resident for 10 yrs now. why are the requirements for house arrest?
Defendant is actually serving a state prison sentence. I know of no way that can be done by electronic monitoring [house arrest]. Also, as there is an immigration hold, defendant is really awaiting deportation proceedings.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
In my opinion house arrest is not an option because of the border patrol hold.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
If there is an "immigration hold" there will be no release options until that issue is resolved. An Immigration lawyer is a must.
If the hold is lifted, and your loved one is serving time in "County Jail Prison" under the new "Realignment" statute, then an early release with "home detention" is a possibility, as the jails are already overcrowded and home detention is becoming a much more viable option.
By responding to this question I do not intend to create an attorney-client relationship. Instead, I am offering a general response to a question that has not fully set forth all of the facts of the case, and I have read nothing related to the case other than the question posted. Therefore, I will always recommend retaining legal counsel for competent representation.
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