Custody Credit Denied

Custody Credit Denied

In this case ruling we see how custody credit can be denied when there is no probable cause or manipulation by the State.

A10-1286 & A11-0548
State of Minnesota vs. Matthew James Clarkin,

Defendant convicted of harassing and stalking his victims is not entitled to a jail credit on his harassment/stalking sentence when (1) time spent in custody was for an unrelated parole violation, (2) during the time spent in custody the State did not have both probable cause to arrest and evidence sufficient to provide a reasonable likelihood of conviction on the harassment/stalking charge, and (3) there was no evidence of charging manipulation by the State.
Affirmed.


By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533

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