State Law 340, a person serving home detention is to be given 2 or 1 credit. When I contacted Morgan County they said "call back in two weeks" to see if anything had changed but because I am on probation at the same time they don't have to give it to me. I know probation is not 2 for 1 however, I don't understand why I am not eligible for the 2 or 1 since I am serving home detention. What should I do or is there anything I can do? The probation is for the same case. My officer in Bartholomew County where I transferred said if my home detention was from them it would be 2 or 1, but I am a transfer from Morgan County so they have the say.
The plea was for "attempt to obtain" a legend drug.
Criminal Defense Attorney
I would recommend that you file a petition with the court requesting a calculation of your credit time in your case. Then, if you disagree with the credit time calculation, you could file an objection with the court explaining why you should be receiving 2 for 1 credit while you're on the home detention program.
Juan C. Garcia, J.
GARCIA LAW OFFICE, LLC