Plead guilty to a federal drug charge and was released on ankle monitor after plea to an accredited 5 month drug rehabilitation facility. Does the time I'm at rehab count towards my time served?
If the District Court placed you in a rehabilitation center pursuant to an Order of Release, the Federal Bureau of Prisons will not credit that time toward any sentence of imprisonment. If the placement was a condition of an Order of Detention, BOP will credit you for that time. - Joshua Sabert Lowther, Esq., National Federal Defense Group.
Probably not. Consult your lawyer...I'm sure you have one if you have entered a guilty plea. Sometimes a judge might be willing to vary from the guideline sentence because of particularly restrictive terms of pretrial release. But the Bureau of Prisons will not give you credit against your sentence for this time. And the only way the judge is going to give you credit for it in some way is if your lawyer can convince the judge to give you a variance.
Unfortunately, conditions of release, no matter how harsh, do not count as time toward your sentence. As long as you are on release, you are not in prison, and it doesn't count. Nonetheless, your attorney could argue at your sentencing that the judge should consider this in imposing sentence, and use is as a basis for a variance below the applicable guideline range, or at least for a sentence at the low end of the sentencing guidelines. Right now, the best thing you can do is successfully complete the drug program because that gives you additional arguments for a reduced sentence.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
Pretrial confinement in home is not counted. You have to be incarcerated on the Federal or similar state charge (that the state later dismisses). Now as mentioned, drug rehab helps your 3553A argument at sentencing if you plead guilty or lose at trial.
If the judge is inclined to make this drug rehab a part of your conditional release, he likely believes that drug addiction is a disease and that drug rehab is a real answer. While under the law it does not count towards time served, the judge is human and will likely factor that into how much time you do get in the end. He can depart from the guidelines (as long as there are not min/man sentences associated with your offense). Thus, you should look at this as a huge opportunity to gain real 3rd party witnesses that could testify on your behalf IF YOU get convicted. If you feel frustrated that you are not being treated fairly then remember you are in federal court and it is NOT fair.
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