It is becoming more common for people to receive home detention as a form of punishment instead of receiving a more severe form of punishment and captivity in a criminal case.
Being subjected to house arrest can occur for a number of different reasons and since this is the case, it is helpful to know the requirements regarding house arrest so that you can avoid potential mishaps and further consequences during your sentence.
In this article, we are going to discuss many related aspects of home detention and the rules and regulations that accompany it.
What Is House Arrest?
House arrest is court ordered confinement to one’s home as a means of punishment for a criminal offense. House arrest, while often seen as a more agreeable alternative to standard incarceration, still entails very strict requirements.
Many people who are employed with regular 9-5 jobs, or who have committed only a minor offense, try to receive house arrest as it may allow them to continue in their career and offers a higher comfort level than most jails.
If you are working with a criminal defense attorney, they will assist you in requesting home detention instead of traditional incarceration from the court that is sentencing you.
Can I Leave My Home During House Arrest?
That will depend largely on the offense committed and if the court is willing to allow you outside of your home during allotted periods.
If you have been convicted for a minor charge and wish to continue working or attending school throughout your home detention period, you must provide the court with an accurate and detailed work or school schedule that they will review and approve.
On some occasions, you may be able to leave your home detention for community service or counseling sessions as well.
What To Do If You Have Been Confined To House Arrest
If you have been confined to house arrest, it is crucial that you adhere to all requirements of your confinement and obey court orders implicitly. Here are several general rules that people under house arrest typically must adhere to.
Obey curfew. If you plan to and are permitted by the court to continue working throughout your house arrest sentence, you must still obey the court ordered curfew perfectly. Usually, this means that during certain times of the day and evening (before and after work) you must be at home and are not permitted to leave the house except for work.
Always request court permission. If there is an event that you must be present for that is outside of your home, make sure that you request court permission before attending.
Submit an accurate work schedule to the court and wait for approval from them before returning to your normal daily routine.
Be aware of the specific checks you need to comply with. Depending on your conviction, you may be subject to drug or alcohol testing periodically. This is especially likely if your conviction was related to drugs or alcohol (as in the case of a DUI).
What To Avoid If You Have Been Confined To House Arrest
Do not tamper with your monitoring device. Tampering with your electronic monitoring device is illegal and will only serve to worsen your sentence.
Do not make use of substances that were the cause of your conviction. This is especially important if you are being monitored or regularly tested for drug or alcohol consumption.
Will I Have To Pay Anything For In-Home Monitoring?
Most likely yes.
In most cases, you will be required to pay a weekly or monthly fee for your in-home monitoring device. The exact amount you will have to pay during your house arrest sentence will depend on a number of factors and will be decided by your probation department.
What Will Happen If I Break The Rules Of House Arrest?
House arrest is similar to parole, if at any point during your sentence you violate the rules of home detention, you will be arrested and sent to jail where you will be expected to serve out the remainder of your sentence.
Since house arrest is seen as preferable to jail confinement, it is best to regard all of the rules of your home detention carefully so that you can continue keeping as close a schedule to normal as possible.
Hire A Criminal Defense Attorney Today
Matthew Leyba, of Leyba Defense, has a long career and ample experience working in criminal defense.
As someone who has been charged with a misdemeanor regardless of how big or small, it is critical that you work with a criminal defense attorney in order to receive a sentence that will allow you to continue with some normalcy in your life during your sentence period.