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Does pre-trial electronic monitoring condition give one "time served" if one is then sentenced to probation or house arrest??

Los Angeles, CA |

Does pre-trial electronic monitoring condition give one "time served" if one is then sentenced to probation or house arrest?? Let's say in general federal and state law.

Attorney Answers 5


  1. No. It is a condition of being allowed bail or being released on one's own recognizance so the person can work and stay with his family, rather than sit in custody. Think of such monitoring as "a price of freedom." Consequently, getting credit for time in custody would be inconsistent and unreasonable.


  2. I agree with Greg, the judge may take it into consideration during sentencing


  3. I agree with my colleagues -- the judge WILL consider it at sentencing.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. Not normally. Consult with an experienced DUI attorney before doing anything.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.


  5. Generally, no. Pre-trial is to ensure you show up to court. Otherwise, you pay bail. Time served is if you are sitting in jail. I appreciate you are thinking creatively but the electronic monitoring is done as an alternative to being in jail. Time served is a compromise for sitting in jail. pre-trial. State and federal courts are different.

    This answer is not legal advice and does not create an attorney-client relationship.

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