Legal Question in Criminal Law in Minnesota

Sentencing Question

I was recently convicted of State Lottery Fraud, as a felony, and received 10 years probation, pay restitution, and commit to 30 days of home elecronic monitoring. My question is, the electronic monitoring is very expensive, and creates a financial burden to my family, yet 20 days in jail is not an option, since I have a newborn baby. Is there any way I can have that part of the sentence suspended? I have no priors, and am complying with every other part of my probation terms. Thank You


Asked on 6/24/05, 2:49 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Sentencing Question

While perhaps "anything is possible," I doubt that it is likely in Minnesota. Most judges would likely view the "electronic home monitoring" ("EHM") alternative as a leniency towards you. They would likely say that you could always do the jail time if you can't afford the approximately $20 per day for EHM. If you were given EHM as an alternative way to do the time, chances are the court would consider giving you "work release" during your 20 days in the county jail -- but they charge near $20 per day for that, too. Doing "straight time" should not cost you anything in temrs of fees. From you description, it sounds like the court already did stay ("suspend") the majority of the years of the felony sentence.

Read more
Answered on 6/27/05, 8:50 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota