Is there a way to get out early for time served or reduced to house arrest, ifa family member is very ill?

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Is there a way to get out early for time served or reduced to house arrest, ifa family member is very ill?

My brother was incarcerated approximately 2 years ago for embezzlement. He is a first time offender with no previous record. He has been a model inmate serving most of his time as a trustee. His wife has been diagnosed with recurrent cancer and the doctors have given her 1 to 2 years at best.

Asked on September 30, 2011 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a family situation where your brother who is presumably in prison needs to get out early to assist his ill wife, he needs to have an appointment with a person with the parole board to see what can be done about a possible early release for good behavior and other factors.

Just because a family member is ill does not in and of itself justify the early release of a person who is incarcerated. Rather, an early release of an inmate is based upon the circumstances regarding his or her sentence as well as mitigating factors that may justify an early release such as good behavior and the chances of rehabilitation.


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