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I am currently serving Home Detention in Bartholomew County transferred from Morgan County in Indiana. According to Indiana

Martinsville, IN |

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.

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Attorney answers 1

Posted

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
www.juangarcialawoffice.com

Asker

Posted

If someone is in jail in one county and bond was revoked in another, does the jail time count in both counties?

Juan Carlos Garcia Jr

Juan Carlos Garcia Jr

Posted

Normally a person cannot receive jail credit for both cases in both counties at the same time.