Q: Which case law allows for house arrest to be credited to sentencing
While paying $840 per month for ankle bracelet/and alcohol monitoring system while on a $15000 cash bond pending trial,defendant is seeking jail credit.
A: An individual is not entitled to credit in such a circumstance. The case law is very clear that the alternative to jail that provides jail credit has to be "the functional equivalent" of being in custody. The typical circumstances wherein someone might get such credit would be in a locked hospital setting, civil commitment, or locked inpatient drug/alcohol/sex offender treatment. But that would not be the case in this this situation.
William Bailey agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
