My mom was sentenced to 18 months in county jail for DUI and Driving with out a license she was given a plea of 90 days and did not take the plea instead she went to trial and got 18 months. She has been there for 30 days now ( they do practice the 2 for 1 rule) with the 2 for 1 rule she has been there 60 days. Can a motion be filed at any time to request her time be served on House arrest or in a rehab so she can save her job, she has been with the Postal service for 24 years and will be fired if not in a impatient facility or back at work with in the next 3 weeks. she does have an attorney but he is not very helpful at this point. Does she have any options other than spending the next 8 months in jail and loose her job? If the m,otion can be filed how long does a motion typically take to make it before a judge to come to a decision?
1 Answer from Attorneys
There is no way here that anyone, minus the detailed facts your attorney has, could begin to answer your questions. It sounds like she made a bad decision turning down a plea. Generally once a sentence is done, it's done, and since you're more than 30 days out the time for an appeal or motion for new trial has run. (Likely the reason the attorney cannot help much at this point is that the case sounds like it is over but only he will know the exact dates and facts).
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