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My boyfriend was sentenced to 30 days in jail and 60 days Home monitoring. How long will he actually serve in jail?

Everett, WA |

Everyone (including jail counselor) says he will only have to serve 20 days, but his appointment to report for home monitoring is on the 24th day of his sentence. Will he have to stay in jail until his appointment or will he be released on the 20th day for good behaviour and then report for home monitoring when specified? Also, the guard says their records indicate he will be incarcerated for 90 days. Is it possible he could stay there the whole 90 days if he was approved for home monitoring and has a date and time to report? This is for Snohomish County Corrections.

Attorney Answers 4

Posted

The commitment order is for 90 days because he has been given a 90 day sentence. The order should indicate that he is allowed to spend 60 days on EHM if qualified. Sounds like he qualified if he has a report date. Generally, he will get "good time" for the jail time, but not the EHM. This means 20 days jail + 60 days EHM. The judgement and sentence should state whether he is to be released pending EHM (his attorney can get a copy of this). If he does an extra 4 days in jail he should get 6 off the EHM and will end up doing 24 days jail + 54 days EHM. Be aware that the jail staff determines what each order says and are not very flexible if the court orders do not spell these things out. If there is a discrepancy have you attorney take up with the court sooner rather than later. The judge can clarify the order if needed.

I assume he had an attorney for the DUI? He should consult his attorney as only his attorney will be able to provide an exact answer to this. Sorry for the wishy-washy answer, but there is no way to answer this for certain without having the "judgement and sentence" and the ":commitment order."

The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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2 comments

Asker

Posted

Thank you so much for your response. I will e-mail his lawyer today, now that I have specific questions. He has not been much help since the sentencing, I think since he's been paid he has lost interest in this case more or less. This has been very helpful, I appreciate it!

Scott Weymouth Lawrence

Scott Weymouth Lawrence

Posted

You're welcome. Good luck!

Posted

iN calif YOU GET 1/3 GOOD TIME. siNCE YOU ARE IN A DIFFERENT STATE YOU NEED TO CONTACT HIS ATTORNEY THERE. tHERE IS NO GOOD TIME IN cALFIF FOR ELECTRONIC HOME MONITORING IN MOST STATES

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Posted

Most correctional facilities in Washington have a "good time" clause which is really done due to jail overcrowding. If this applies in this situation, and it will depend on where the time is being served, inmates will serve 2/3 of the time in custody. So, if you've been told that he will only serve 20 days on a 30 day sentence, that makes sense. He will be released from jail on the date that he is expected to be released and then must report to EHM on the date that the court ordered him to report.

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Posted

He'll serve 20 days, then the 90 at home. There's no good time off of EHM in Washington, and I don't understand the answer from California, nor how it could possibly inform you. By now your boyfriend probably has a release date from jail/work release. Only his lawyer knows the times and dates exactly, but 20 then 90 if your question is accurate.

I am licensed in Washington. I only practice law in this state. I limit my practice, and my answers on this site, to criminal matters in Washington state, and local questions from the courts north of Seattle where I practice. Any advice is provided for informational purposes, and does not form an attorney-client relationship. Any answers provided by lawyers not licensed to practice law in Washington, purporting to answer questions of Washington state law or the practice of the courts of this state, are probably either too general to be helpful, or unethical under Rules of Professional Conduct in this state. Please contact a local, experienced criminal defense lawyer practicing in the community where your question arises.

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Mark R Stephens

Mark R Stephens

Posted

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr24 Washington rule limiting legal "advice" to lawyers licensed to practice here.

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