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202 West Berry Street, Suite 500, Fort Wayne, IN 46802

Home Detention Good Time Credit : A recent Indiana Court of Appeals decision

On July 19, 2011, the Indiana Court of Appeals issued a Decision in Cottingham v. State. This is a very important case regarding home detention and credit time. Home Detention is an alternative to serving a jail or prison sentence. Many felony and misdemeanor convictions (such as Drunk Driving (DUI/OWI)) require mandatory jail or prison sentences. If someone serves a sentence in jail or prison, they can earn "good time credit" under Indiana law. Simply speaking, "good time credit" shortens the amount of time actually served on a sentence.

Prior to 2010, defendant's serving a sentence on home detention were not able to earn "good time credit" (with certain exceptions). However, beginning in July 2010, people serving a sentence on home detention are entitled to earn "good time credit."

Cottingham further clarified who can earn "good time credit." Mr. Cottingham was sentenced to home detention PRIOR to July 2010. Cottingham was originally sentenced on July 8, 2009. Part of his sentence was to be served on home detention and the remainder on probation. Cottingham violated his probation and his probation was revoked on July 12, 2010. The trial Judge did NOT give Cottingham "good time credit" for the time he spent on probation. Cottingham then appealed the decision.

The Court of Appeals applied the doctrine of amelioration to Mr. Cottingham's case and determined that he was entitled to "good time credit" for the period of time he was on home detention.

If you have questions about home detention or other criminal defense issues, call Gregory A. Miller, aFort Wayne Criminal Defense Lawyer, today.

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Gregory A. Miller - Fort Wayne Criminal Defense Attorney
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