Brooklyn, NY asked in Criminal Law for New York

Q: Good Morning, I have a question for a criminal Attorney

My nephew has been incarcerated since March 18, 2018. His charge is ATT CRIM POSS WEAP 2ND CLASS D his class was brought down. Before he went to prison he was out on house arrest with an ankle bracelet. Is it possible for him to get credit for time served on house arrest?

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1 Lawyer Answer
Stuart Austin
Stuart Austin
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

A: In NYS an ankle monitor does not count as incarceration. It is an alternative to incarceration. Therefore he will not receive official credit for that time. It is possible, however, for the sentencing judge to take into consideration the time he was wearing the ankle monitor and reduce his sentence if he is not already at a mandatory minimum.

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