My husband left 5 weeks ago to start a 12 month 1 day sentence in a federal camp. He heard from someone that if you have small children (we have a 1 year old and a 4 year old--he stayed home with the kids for the last 2 years), you can somehow get home confinement because of family hardship. Does anyone know anything about this?
Thanks.
Amelia
06-26-2003, 08:32 PM
I dont have any info on that I am going to mve this to a different forum where it might get better feedback for ya..sounds like a good hting--wish they had that here in TX--my kids have hurt the most in all this!! Good luck!
luv,
Amelia
Welcome to PTO! There's another member on PTO right now that has home confinement and hopefully she responds to this....
Deb
Flowerchild
06-27-2003, 01:05 PM
I'm sorry that I don't have any information for you, but do want to welcome you to PTO. I hope you get the info you need soon.
Adrienne
LaurieJ
06-27-2003, 09:51 PM
I really don't know the legalitties of it but I know that my fiance's lawyers are using the fact that he had custody of his son and the biological mother was found neglectful by dhr to try to bring him home on house arrest. I don't know if this will help but thought it might.
Huff
bella
07-02-2003, 04:46 PM
I moved this to the federal prison forum in the hopes you'll get the answers you need here.
fedman
07-23-2003, 10:23 PM
Here is something to check out. It is not a downward departure and the gov't is allowed to offer this w/in the guidelines http://www.ussc.gov/2002guid/5c1_1.htm
Here are some other links to case laws that may support your argument and give you a better idea. I'm learning as I go and this will help.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/941436.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/961139.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/011503.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/011616.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/961660wpd.html
good luck!
Steve&kids
07-23-2003, 10:43 PM
Good luck............Steve&kids
Thank you fedman. We have the name of a new attorney (ours was useless), so I guess I will take this information to him. Thanks!