California law offers a compassionate alternative to jail sentences for some criminal offenders: house arrest. Also known as home detention or home confinement, this arrangement allows individuals to serve their time in their residence under specific restrictions. This not only provides a significant relief to the individual but also brings comfort to their family, knowing that they can be together during this challenging time.
Securing house arrest is not a straightforward process. It's a complex legal matter that requires the expertise of an experienced criminal defense attorney. If house arrest is a potential option for you, having the right representation can make all the difference. Your attorney will provide the support and guidance you need to navigate the process effectively, giving you the confidence that your case is in capable hands.
House arrest is a sentencing option that requires offenders to remain at home while serving their sentences. It is typically reserved for non-violent or low-risk offenders, allowing them to leave the house for supervised periods to attend work, approved appointments, outings, or religious services.
House arrest, while serving as a form of punishment, also offers a degree of flexibility. It allows individuals to maintain their employment, care for their loved ones, or seek treatment for health issues while serving their sentence. This flexibility can bring a sense of hope and optimism during a challenging time, knowing that life can continue in some aspects despite the sentence.
Defense attorneys often attempt to leverage house arrest as an option as part of a plea agreement, especially if they can convince prosecutors and the judge that the defendant poses minimal flight risk and no threat to public safety.
While house arrest offers flexibility compared to traditional incarceration, it comes with strict conditions that ensure accountability. Violating the terms of home confinement, whether intentionally or unintentionally, can lead to significant legal repercussions.
Who Is Eligible for House Arrest?
Offenders seeking house arrest instead of incarceration or probation must meet the eligibility criteria for home detention. Your criminal defense lawyer will evaluate various factors to determine your suitability for house arrest, including the following:
- The nature of the crime.
- Your criminal history.
- Your risk of committing another crime.
- Whether you are posing a danger to the public.
- Your sentence must be county jail.
- The location where you live.
- Your willingness to follow home detention rules.
- Your ability to pay house arrest costs
Courts might decide to impose house arrest for people with physical or cognitive impairments that would make it challenging for them to serve a traditional jail sentence. While judges can impose house arrest for both misdemeanor and felony offenses, individuals facing prison sentences for felony convictions rarely receive house arrest as an alternative to incarceration.
After a criminal conviction, your defense lawyer can file a brief or motion asking for house arrest instead of jail time. The document must identify factors demonstrating your eligibility and an argument for how house arrest will better serve your rehabilitative needs and the public interest. The court, typically a judge, will then review the motion and make a decision based on the presented arguments and the specific circumstances of the case.
Violating the terms of house arrest can lead to immediate arrest, a revocation hearing, and potentially the return to jail or prison to serve the remainder of the original sentence. The judge has discretion in handling violations, which can range from issuing a warning to revoking house arrest entirely. It's essential to recognize that any violation, whether intentional or unintentional, can have severe legal consequences, including the potential loss of the house arrest privilege and a return to a more restrictive form of incarceration.
What is the Cost of House Arrest?
House arrest involves different expenses related to the monitoring services ordered by the trial court. These potential costs include electronic monitoring, such as the cost of renting a GPS bracelet, setup fees, charging equipment, and monitoring service fees, as well as fees for urine and blood tests, and fees for parole or probation officer monitoring.
- Electronic monitoring, such as the cost of renting a GPS bracelet, setup fees, charging equipment, and monitoring service fees.
- SCRAM devices, which continuously monitor for alcohol intoxication.
- Drug patches and other related items.
- Fees for urine and blood tests.
- Parole or probation officer monitoring fees
The court might waive paying some or all of the cost of home confinement if you qualify but cannot afford all the fees. In other words, an inability to pay does not disqualify you.
Key Takeaways on House Arrest
- California Penal Code 1203.016 PC addresses home confinement, also known as house arrest or home detention.
- Sometimes, a judge can sentence a defendant to home confinement rather than requiring them to serve time in county or state prisons.
- House arrest is an option for both misdemeanors and felonies, but typically reserved for nonviolent offenders serving time for minor crimes.
- While electronic monitoring programs exist, not all defendants are eligible for house arrest as an alternative to jail time.
- Electronic monitoring is part of a "house arrest," which involves an ankle bracelet worn to verify your location.
- Electronic monitoring utilizes Global Positioning System (GPS) technology with satellite tracking to monitor movements.
- The Secure Continuous Remote Alcohol Monitor (SCRAM device) is another form of electronic monitoring primarily used for DUI cases.
- If you are mentally or physically impaired, you might be eligible for house arrest.
- The judge might place you on house arrest as part of a parole agreement to release you from prison.
- On house arrest, you cannot get good time credits for an early release date.
- Common violations are having a "dirty" drug or alcohol test result or leaving your home without prior permission.
What are the Rules and Conditions?
Courts can impose various rules and restrictions for an offender's house arrest based on their living situation and the circumstances surrounding their case. A court may make house arrest rules to address specific factors to improve a defendant's chances of completing their house arrest term. Under California Penal Code 1203.016, there are rules and conditions, including the following:
- Consent: Give written consent or agreement to comply with the terms of the house arrest.
- Electronic Monitoring: You must wear an electronic monitoring device, such as an ankle bracelet, which tracks your location. You must also agree to be taken back into custody to serve your sentence if the electronic monitoring system does not work.
- Remain in Residence: Agree to remain in the residence except during hours permitted by the judge.
- Approval to Leave Home: You must stay on the premises, but you can leave with prior approval. Common activities that you may be allowed to attend under house arrest are religious services and appointments for medical care with your doctor.
- Adherence to Curfews: Courts often impose curfews, dictating the hours during which individuals must be inside their homes..
- Abstain from Drugs or Alcohol: You must abstain from drugs and alcohol. In some cases, you will have to wear a drug or alcohol detector, in addition to your ankle bracelet. Tampering with or removing devices would violate the terms of house arrest.
- Testing Requirements: Participants may be required to undergo regular drug or alcohol testing.
- Activity Logs: Offenders might be required to maintain detailed logs of their daily activities or report directly to their supervisor.
- Visits by a Probation Officer: These visits are used to ensure that the other rules of house arrest are being followed. Probation officers are also entitled to unannounced visits. You may also have to attend meetings at the probation office.
- Check-ins by Parole Officers: They may also conduct random visits or phone calls to ensure compliance with the terms of house arrest.
- Prohibition of Criminal Behavior: Committing additional crimes or associating with known criminals is strictly forbidden.
What Happens If You Violate the Rules?
Violating house arrest rules is treated similarly to a probation violation. Suppose you're serving a term of house arrest and violate any of the terms of your confinement. In that case, the supervising agency or probation officer will notify the court, which will hold a hearing.
If the court concludes that you did violate the rules, you may face one or more of the following consequences:
- If the violation is deemed minor or incidental, the judge may simply warn you against future violations.
- The judge could reinstate the rules of home confinement without changing them.
- The court may impose stricter conditions on your house arrest.
- The court may impose fines as a punitive measure, or it may require you to attend counseling or fulfill community service.
- If the violation is deemed serious or willful, the court may revoke the house arrest entirely.
- You may be remanded to jail or prison to serve the remainder of your sentence.
- If you were on parole, a violation will likely result in being sent back to prison.
- If you deliberately remove your electronic monitoring device, the situation may escalate to a higher level than a parole violation.
Contact a Defense Lawyer
Suppose you are serving a sentence or fulfilling a diversionary program via home confinement, and you make a mistake that violates the terms of your agreement. In that case, hiring our California criminal defense attorneys is your best hope of minimizing the damage.
We will evaluate the circumstances of your house arrest violation, identify any mitigating factors, and advocate for leniency during your violation hearing to help you continue serving your sentence at home rather than in prison. We want your criminal case to have the best possible outcome.
House arrest can be a satisfactory resolution when an acquittal is not possible, offering you more flexibility and freedom than you would get in jail.
We can explain your rights and eligibility for house arrest based on your charges and advocate aggressively when appropriate. For more information, contact the Hedding Law Firm, located in Los Angeles.
Related Content:
