Is there a limit on the amount of electronic home monitoring I can serve?
3 attorney answers
I've never heard of a limit on the length of time that electronic home monitoring (EHM), specifically, can be. But, as a practical matter, in a felony case if a defendant gets a probationary sentence, up to one year of probationary time may be executed in County Jail. Sometimes, a judge will order EHM to count towards all or part of that executed time as a condition of probation on the stayed felony prison sentence. In some rare situations, where a defendant is convicted of multiple crimes, I've seen a few defendants get more than year in County (as consecutive sentences), but that's extremely unusual. (Again, EHM is a substitute for County Jail time.) So, in the end, I would not expect to see over a year on EHM -- highly unlikely. I would suggest redoubling your efforts to get a defense attorney to help you - either a private or public defender. That is essential on a felony case.
First, if you are charged with a felony, of any kind, you need an attorney. At a minimum, you should apply for a public defender. You should not be representing yourself. Typically, there is a one year cap on probationary jail unless you are held for longer than that between initial charging and when you are ultimately sentenced. Presumably a similar limit would be place for probationary house arrest. I certainly would not pursue serving anything beyond a year of house arrest due to the expense. For what it's worth, I've never seen anyone ordered to serve anywhere close of a year of house arrest as a probationary condition. Get an attorney on board ASAP. Most of us offer free consultations. Set up some one phone calls or in person meetings with attorneys and go from there.
Hello. Excellent Question! The answer is 'no' - no '12 month limit on home monitoring'. Whoever told you likely made that 'guess' because when people are on probation, it may be one year.... but could often is two years, and can be more of course. In my work for people who are facing serious legal problems, such as felony crime, they are often very worried, and scared, when they initially phone or send me a message. Take care and have courage!!
TRICIA DWYER, ESQ. LICENSED IN MINNESOTA. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.