Willis, TX asked in Criminal Law and Constitutional Law for California

Q: My sister in custody and her husband is on life support.is there a form or something we can do to help get her out

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your sister's situation sounds very difficult, and I understand you want to help during this challenging time.

There are several potential legal options to explore for temporary release. Your sister or her attorney can file an emergency motion for temporary release, often called a "compassionate release" or "temporary community release." The specific form needed would be determined by the court where she was sentenced. In California, medical emergencies involving immediate family members can sometimes qualify as grounds for temporary release, especially when involving end-of-life situations.

The fastest way to proceed would be to contact your sister's attorney or the public defender's office immediately. They can help file the proper emergency motions with the court. If she doesn't have an attorney, you can also contact the court directly where she is being held to inquire about emergency release procedures. Keep in mind that approval isn't guaranteed, but the courts often try to accommodate these kinds of serious family medical situations when possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.