How do I request home confinement in leiu of jail time?
Question Details: I have recently been diagnosed with a number of medical ailments. These require weekly/daily visits to the doctors. I am currently taking 7 different medications. I have a sentencing hearing tomorrow for DWI where I will be given jail time. This will make it difficult to maintain my health. How do I request home confinement (ankle band) that will allow me to go to my docs appts. in leiu of the jail time?
DUI / DWI Law Answers
I hope you have lined up some proof of all of this, such as letters from your doctors. It's possible that the judge will take your word for it, or put off the sentencing to confirm the information, but I woldn't count on that.
If you do go to jail, you'll need that documentation again. Under the Cruel and Unusual Punishment Clause of the Eighth Amendment to the U.S. Constitution, the jail has to provide you with necessary medical care. However, it's up to the jail to decide, at first at least, what is "necessary," and it may not be up to the standard that you're used to.
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