Q: I was sentenced to EHM but I now have no place to do it. What do I do to take the jail time that was offered in court.
I have not started the EHM program yet so I have not violated yet and I don't want to.
A:
If you are unable to perform electronic home monitoring the Jail and Court will understand … however, you must be careful that the conversion for EHM isn’t treated equally with jail. In other words, if you were sentenced to 30 days of EHM this should equal 2 days of jail based on the tried and true 1 day of jail equals 15 days of EHM. I would visit the Jail and see if they would convert for you but also check with the Court. If in doubt, you can bring a motion in the court where you were sentenced and request a Judge make it clear that you can serve jail in lieu of EHM but at the conversion mentioned earlier – I would recommended you go back to court and have this clarified. In such a case, retain an attorney to help you.
Law Firm of David N. Jolly
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