Legal Question in Criminal Law in Mississippi

House Arrest

My husband is a first time offender convicted of simple possession of marijuana (3lbs) in one county and over an oz. in another county. The lawyer we hired got the two charges combined. He took a plea bargain of 20 years with 14 suspened- 6 to serve with 5 yrs probation when he gets out. My question is: Is he not eligible for house arrest? I know he commited another crime before he even went to trial on the first one, but the lawyer we hired got the sentences to run concurrent with eachother. He has been incarcerated for 6 months now. I've heard of people doing worse and getting house arrest,even probation. Is it possible he be released on house arrest for the rest of his sentence?

Asked on 1/05/04, 4:28 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: House Arrest

Whether or not house arrest is granted is within the discretion of the judge and must be requested. However, you husband must also qualify for house arrest to be eligible for such a sentence. You might try contacting the probation/house arrest department in your area to see what the qualification requirements are. If your husband qualifies, you can get your lawyer to make a motion to a resentencing to see if the judge will consider house arrest.

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Answered on 1/05/04, 4:53 pm

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