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

Asked 11 months ago - 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. Greg Thomas Hill

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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. Peter Christian Komar

    Contributor Level 14

    6

    Lawyers agree

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

  3. Daniel Nelson Deasy

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.... more
  4. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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. Mordechai David Pelta

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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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