Legal Question in Appeals and Writs in South Dakota

How do I file a request for work furlow for my husband who is in jail.

My husband is currently doing 6 mos for working as a contractor without an excise tax license. He will be out 10/16/2004, but our financial state will be unrepairable by then. I need to know how I can file a request for him to get out on work furlow, so he can at least work every day.

Asked on 8/05/04, 10:55 pm

1 Answer from Attorneys

Scott Sumner Sumner Law Office, P.C.

Re: How do I file a request for work furlow for my husband who is in jail.

You will need to get an Order from the court allowing his jail time to include work release. Whether to allow a person in jail work release is discretionary with the court. If your husband had a court service worker who did a pre-sentence investigation on him, the first place to start would be with the court service workers to see if they would recommend it to the court. Absent that your husband needs to make an application or motion to the court for work release and then make a court appearance before the judge to seek a modification of his sentence to include work release.

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Answered on 8/06/04, 11:36 am

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