Q: Can husband get early release from weekend jail despite agreement?
My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court refused, despite us providing all documentation. Additionally, the woman who accused him of assault has recanted her statement to the judge. The lawyer advised against appealing due to a mediation agreement that my husband signed under duress while overprescribed medication. He has new medical evidence that supports his mental health decline and has been compliant with all terms, including paying court fees, attending classes, therapy, and probation. Would it be possible for him to be released early or receive compassionate release given these circumstances?
A: It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
