Williams, MN asked in Civil Litigation and Criminal Law for Minnesota

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.

1 Lawyer Answer
Jonathan Matthew Holson
Jonathan Matthew Holson
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

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

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