Legal Question in Criminal Law in Minnesota
Going to be sentenced to 28 days electronic home monitoring in hennepin county, MN for third degree DWI (second DWI in 10 years). Have heard about getting days 'stayed' for good behavior on EHM...approximately 10 days in Hennepin County. That would bring total days of wearing ankle monitor and reporting in from 28 to 18. Is this true? I heard it varies from county to county.
2 Answers from Attorneys
In Minnesota, jail or prison time is reduced by one-third for "good time" (good behavior while locked up). Many courts do not give good time credit for EHM. The reason may be that they view EHM as too lenient to justify a good time reduction credit.
Mr. Gallagher has more experience than I, so please heed his advice. I, however, have never heard of anyone getting credit for "good behavior" on home arrest. I have no idea what that would even mean. Basically, the person stays within the area of the transmitter, calls in when required and doesn't drink or do drugs. Just because the person complies with the conditions doesn't mean he has good behavoir. I would plan on the 28 days. Sorry. In addition, I am sure you can get everything back together; and this will only be a distant memory some day. Good Luck!
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