COA: No credit for pretrial home detention

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The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

Marques Lewis was arrested for criminal trespass and criminal gang activity and incarcerated. He later was released on his own recognizance to go on home detention. Lewis pleaded guilty to the charge of criminal trespass and pursuant to the plea agreement, his sentence couldn't be more than 730 days.

Lewis wanted credit for the actual days he served on home detention, claiming there was little difference between pre-trial home detainees and post-conviction home detainees. He based his argument on a response from Community Corrections regarding his inquiry about the difference between the two, which said the only differences between the two could be any additional conditions the court may order, such as additional testing. The trial court denied giving him credit for the 275 days he was on home detention.

In Marques Lewis v. State of Indiana, No. 49A05-0806-CR-319, the Court of Appeals examined the trial court's decision for an abuse of discretion because there isn't a statute mandating an award of credit time served while on pretrial home detention, wrote Judge Carr Darden.

The appellate court rejected Lewis' argument that treating people on pretrial home detention and post-sentence home detention differently violates the Equal Protection Clause. Lewis hadn't been convicted of a crime yet and when he was placed in home detention, he accepted the conditions he now asserts to be the same as those applying to post-sentence home detainees. Judge Darden noted Lewis would have earned more credit time had he remained in jail.

"Moreover, if Lewis had violated the conditions of his pretrial home detention, he would have risked being returned to jail to await trial while still presumed to be innocent; whereas, a post-sentence home detainee who violates conditions of home detention risks being sent to prison," he wrote.

Lewis' argument that the different treatment of people on pretrial home detention and post-sentence home detention violates Indiana's Equal Privileges and Immunities Clause also failed. Citing Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002), the appellate court ruled home detention as a condition of pretrial release isn't "upon the same terms" as home detention as a condition of a sentence or probation.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues