Should you find yourself in custody and facing charges, you might be wondering if home arrest is a more viable option for serving your sentence than going to jail. In certain circumstances, yes! But not everybody qualifies for house arrest.
It is advisable to get in touch with a skilled criminal defense lawyer in Washington right away to find out more about house arrest and if it’s a good option for you. In court, your lawyer will evaluate the particulars of your case and present evidence supporting your interests.
House Arrest Definition Under the Law:
House arrest, as an alternative to a jail sentence, is defined in the American legal system as confinement to the offender’s home or another designated location. The terms electronic monitoring, imprisonment, and home detention are interchangeable. Generally speaking, home arrest is only considered suitable for first-time, non-violent criminals. To detain prisoners before the trial and punishment, pretrial house arrest is an option.
Contrary to its name, house arrest typically does not prevent the subject from leaving their home. Instead, they typically have a strict curfew and are limited to the area around their home to carry out particular pre-approved activities at predetermined sites.
Probation officials, physicians’ appointments, and places of employment and education are typically open to offenders. In this way, the criminal might continue to be a member of society while serving their sentence and leading a restricted life.
How Do Arrests at Homes Operate?
The criminal prosecutor and the judge decide whether to impose house arrest penalties for low-risk offenses like fraud or embezzlement. State-specific regulations on the use of ankle monitors differ depending on the specifics of the crime. Serious offenses like rape or murder do not qualify for house arrest bracelets. But the majority of home arrest guidelines are common, such as these:
Officer on probation:
It is mandatory to designate a probation officer for every offender, whose duty it is to keep an eye on them and ensure they adhere to the conditions of their sentence. The offender is required to comply by meeting with the probation officer regularly. To make sure that everyone is following the regulations, the officer may sometimes make unexpected visits.
Drugs and alcohol:
The offender is not allowed to consume alcohol or nonprescription drugs while they are in home detention. When illegal substances are discovered at the offender’s residence, the probation officer is authorized to search for them and notify the court. Also, if asked, the offender must submit to a random drug test.
GPS ankle bracelet:
The subject of home arrest is required to wear an electronic tag or bracelet with a GPS unit that tracks their whereabouts at all times. While working or participating in pre-approved activities such as attending meetings or classes, the monitoring device must be worn at all times, whether at home or elsewhere.
Evening curfew:
The offender will be given an evening curfew, which they must adhere to by staying in the designated confinement area. The curfew may change based on the offender’s duties on a case-by-case basis. When hiring an offender for an evening shift, their curfew will be later than that of an employee working 9 am to 5 pm.
Along with the aforementioned requirements, community service hours are frequently part of the sentence for house detention. Any breach or violation of the agreed terms may result in jail time for the perpetrator.
How to Put in a House Arrest Request
If the defendant satisfies the court’s standards, they may request a sentence of house arrest during a court hearing. Creating a compelling case and finishing the required documentation are best accomplished with the help of a lawyer. Because they are familiar with the county’s eligibility standards, local attorneys are the best.
I’m Under House Arrest; Can I Go Anywhere?
Although it requires prior approval and supervision, house arrest permits the offender to leave their home. The offender must be assigned activities and made to come home right away. Visits outside of curfew are regarded as violations, and excursions must take place within designated hours.
Frequently authorized explanations for leaving the house while under house arrest include attending:
- Places of employment or education; all doctor’s appointments; counseling and therapy visits; meetings with probation officers; drug tests; community service assignments; churches or other places of worship.
- This is not an all-inclusive list. There will occasionally be additional latitude granted for travel. These and other possible explanations are not assured and will be discussed on an individual basis.
Some home arrest terms, meanwhile, come with additional limitations. Rather than house arrest, “house imprisonment” is the most severe type of home confinement. This sentence limits the offender to staying at home seven days a week, for the whole 24 hours of the day. This individual may only depart for scheduled medical or court appearances.
If I Disobey the Conditions of House Arrest, What Will Happen?
Violations of house arrest may be subject to GPS monitoring and penalty. When leaving the house for unapproved activities or tampering, the device notifies the authorities. Warnings for minor infractions are possible, but arrests and court orders may result from serious ones. The severity of the offense determines the punishment, with certain judges being more forgiving in urgent cases. There could be jail or prison sentence for any infraction.
Is a House Arrest Allowable to Whom?
A home arrest sentence will not be available for every defendant. Generally speaking, the following defendants could be qualified for home arrest:
- Defendants found guilty of nonviolent crimes;
- Defendants who don’t have a significant criminal past;
- Defendants convicted of DWI; first-time offenders;
- Defendants found guilty of petty drug possession;
- Defendants who, if incarcerated, may lose their stable employment;
- Minors accused of crimes who reside with their parents or relatives.
While fulfilling any or all of these standards may raise the likelihood that a judge will approve a request for home arrest, it does not ensure eligibility. A court might be more inclined to approve a plea for house arrest from a non-violent, first-time offender who has a reliable job that supports themselves and their dependents. The defendant can satisfy financial commitments in this way and yet receive punishment.
What Is the Length of a House Arrest?
The length of a person’s house arrest varies according to the offense they committed. For less serious crimes, the sentence might only be two weeks, but for more serious ones, the offender might spend a year in home detention. The order for pretrial house arrest will only be in effect until the conclusion of the trial and, if applicable, the imposition of an official sentence.
In conclusion:
With the use of a surveillance system, house arrest, also known as home confinement, limits a person’s travel. House arrest is a common alternative to jail terms for first-time, non-violent offenders in the United States.
Authorities can save money and jail space by implementing house arrest. All home arrest sentences do, however, include rigorous guidelines that must be adhered to. If the criminal breaches these conditions, they might have to spend the balance of their sentence behind bars.
