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My husband is on home incarceration & they put him in jail. How can I get him out?

Louisville, KY |

My husband was sentenced to 90 days home incarceration for a drug charge. He has court ordered releases to go to work, get his methadone daily, and visit our children once a week. Yesterday they put him in jail for stopping for gas too many times. I don't see how stopping for gas is a violation. How do they expect his car to run without gas? Because of our financial situation, we can't afford to get more than a little bit of gas each time we go somewhere hence the need for stopping frequently. What needs to happen for them to release him from jail and put him back on home incarceration?

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Attorney answers 3

Posted

For your husband to be released from jail and restored to home incarceration there must be an order to that effect from the judge who sentenced him to home incarceration. His attorney must redocket the case ( if this is a District Court case it can be done rather quickly ) and ask for a hearing. At that time proof can be presented regarding your finances as a reason for the frequent stops.

Posted

The judge must enter an Order putting your husband back on home incarceration. In order to do this, his attorney can file a motion to get the case back in front of the judge or simply re-docket the case (depending on the court's rules as every county is different). Once the case is in front of the judge, arguments can be made on your husband's behalf including proof of your financial situation as well as receipts to explain the frequent stops for gas. If your husband does not currently have an attorney, I recommend retaining one. I wish you and your husband the best of luck.

Posted

Hire a criminal defense attorney to redocket the case. If you cannot afford a private attorney, the defendant must fill out a form and ask that the case be redocketed with the clerk of Jefferson District Court, if the case is pending in Jefferson District Court.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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