Judicial release
Question Details: my fiancee was sentenced to 18 mo. in prison. On July 30 2009 he'll have served 40 days. He has a hearing for judicial release that day as well. If they do release him, will he be more likely to be released on house arrest or probation. He does owe over 15,000 in restitution and obviously hasn't been working.
Criminal Defense Law Answers
Judicial Release and the conditions of such release is decided on a case-by-case- basis. Such release and conditions thereto depend largely on the case itself, and of course, the past history of the defendants
It is up to the judge to decide what sort of conditions will be set for the release. In fact, the judge can deny judicial release an keep the defendant in prison. The strongest and most reasonable argument is that as your fiance' owes 15 thousand or more in restitution, neither prison or house arrest will work towards him paying the victim(s) back for the crime. As such, it is more likely than not the judge will order probation, with conditions, so that the victims may be paid back.
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