For some non-violent crimes, the court may allow a defendant to serve their sentence under house arrest rather than jail. House arrest is an alternative to incarceration that aims to punish without interrupting your employment or family responsibilities.
If you work with a Los Angeles criminal defense lawyer from Simmrin Law Group, they may ask the court to put you under house arrest instead of jail. While house arrest greatly limits your activities, you’re still freer than in a cell.
House arrest works much like probation. If you don’t do as the court says you can get arrested for breaking the rules. Learning how house arrest works in California can keep you from going to jail. Here’s what you need to know.
What Is House Arrest?
House arrest is a little like jail, but you serve your time in your home. The state will attach an electronic monitor that uses GPS to your body, usually around your ankle. You are required to stay at your home except for certain approved activities.
The court will explain what activities you can do outside of the home and when you can do them. You may also have additional rules to limit your behavior while on the monitor, like reporting regularly to a probation or parole officer.
You may also be subject to additional restrictions and requirements, like mandatory drug monitoring, community service, or having a job. You will usually have to pay a fee to the court for the electronic monitoring service as well.
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Who Qualifies for House Arrest?
Here are some of the main criteria and guidelines that determine eligibility for house arrest in California:
- The offense cannot be a violent felony or require prison time upon conviction. Generally, only lower-level felonies and misdemeanors will qualify.
- You cannot have any outstanding warrants or prior convictions for violent crimes.
- If you’ve served probation or parole before, any past violations may disqualify you.
- You must live in a residence and the environment must support the rest of the rules of your house arrest. For example, if you cannot have a firearm then no one at the home can have a firearm while you’re under house arrest.
- The court would prefer that you already have regular employment. They may require you to get it within a certain timeframe.
- If you have dependent children, they may need to go elsewhere during your confinement hours.
- You must have the financial means to pay for the electronic monitoring equipment and your supervision program.
The court must determine there is a low risk of you committing new offenses or failing to comply with house arrest conditions before allowing you to serve. The court may interview others living with you at the home to ensure their influence won’t make you break the rules.
When Can I Leave My House Under House Arrest?
The major advantage of house arrest is that you can continue to fulfill the necessities of a free life. People who go to jail can lose their jobs, their place of education, access to their preferred doctors, and much more.
You can get exceptions to leave your house for reasons like:
- Employment
- Schooling
- Medical reasons
- Mandatory classes by the court (i.e., behavioral management class)
- Court proceedings
- Family obligations
- Other activities approved by the court
However, you aren’t free to leave whenever you like to do these. Your supervising officer must know when, where, and how long you’ll be gone. They will monitor you through GPS to make sure you stay compliant and will arrest you if you break the rules.
Are Visitors Allowed During House Arrest?
In general, limited visitors may be permitted during house arrest, but only with approval from your supervising officer. The court will have specific rules for who can visit, how long they visit, and whether they can stay the night.
Supervising officers can deny any visitation requests or prohibit specific individuals if their presence poses compliance issues. Violating the visitation rules can result in your immediate detention. One common denial is visiting with others who have a criminal record, especially felons.
Other people living in the house are free to come and go, but they may also have to limit their visitors so they can comply with your house arrest rules. If you are unclear about the visitation rules, contact a lawyer from Simmrin Law Group to ask how house arrest works for your situation.
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What if You Violate Your House Arrest Terms?
Whenever you go somewhere you are not allowed to be, the monitoring agency will receive an alert. The agency then reaches out to your supervising parole officer or probation officer, who will come out to question or arrest you.
If you are arrested, you will have a probation hearing to explain why you broke the rules. Depending on your defense, the judge has the option to:
- Ignore what happened
- Add more restrictions to your house arrest
- Send you to jail or prison.
It is good to have a criminal defense attorney you can call if you’re in this situation. They can represent you before the court and explain what happened and why further punishment might harm your rehabilitation.
A Lawyer Can Prove that You Deserve House Arrest
House arrest can make it much easier to serve your time if you follow the rules. If a criminal defense lawyer knows that the evidence against you is too strong, they may ask the court if house arrest might be better than jail.
If you’d prefer house arrest instead of jail or prison, or if you have questions about how does house arrest works in California, you need to work with a lawyer on your case as soon as possible. Contact Simmrin Law Group to speak with one of our lawyers for free.
Call or text (310) 896-2723 or complete a Free Case Evaluation form