How to get a funeral release for an inmate?

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How to get a funeral release for an inmate?

My 9 year-old niece was just brutally murdered iwhen a 23 year-old ran a red light. Hitting her and causing her body and the dirt bike she was walking across the cross walk to catch on fire. They lady failed to stop immediately and dragged both the bike and my niece’s burning body over 100 feet. Her father, who loves her very much, has been in prison for 3 years serving a 5 year sentence and I was hoping to get advice on how to help him petition for a temp release so he may attend the funeral?

Asked on October 23, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The only way for the father of the deceased child can get a temporary release to attend the funeral is for him to immediately hire a criminal defense attorney to immediately file a motion on an expedited basis seeking an order allowing attendance at the funeral.

The district attorney's office will have to be served with it. To be honest, in all my years of practicing law, I have never seen such a request. The reason is that once a person is jailed, he or she must serve their sentence unless the sentence has certain release periods for the incarcerated person from jail.


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