The crimes that can get you house arrest in California are typically non-violent offenses, misdemeanors, or first-time felonies. Instead of serving time in jail, house arrest allows individuals to remain at home under strict supervision.
Our Burbank criminal defense lawyers can help determine if this option is available in your case and work to secure the best possible outcome. You can learn during a free consultation.
How Does House Arrest Work in California?
House arrest, also known as electronic monitoring, allows individuals to serve their sentences at home instead of in jail. However, strict rules apply. Defendants must:
- Wear an electronic ankle monitor that tracks their movements.
- Stay within their approved location (usually home) at all times.
- Only leave for court-approved activities like work, school, or medical appointments.
- Follow any additional conditions set by the court, such as attending counseling or substance abuse programs.
House arrest is not a free pass. Any violation of its terms can result in immediate jail time. You can request house arrest instead of jail, but approval is not guaranteed.
Our criminal defense lawyers can explain how house arrest works in California and answer your questions about it during a free consultation.
Common Offenses That May Result in House Arrest
Not all crimes qualify for house arrest. However, judges may consider this option for non-violent offenses, especially when the defendant is not a repeat offender. Common crimes that may lead to house arrest in California include:
- DUI (driving under the influence): House arrest may be an option for first-time DUI offenders, especially if there were no injuries.
- White-collar crimes: Crimes such as fraud, embezzlement, and identity theft may qualify if they did not involve violence.
- Drug possession: Low-level drug offenses, such as possession of a controlled substance for personal use, may lead to house arrest.
- Theft crimes: Non-violent theft offenses, including shoplifting and petty theft, could result in house arrest instead of jail.
- Probation violations: If a person violates probation but has not committed a violent offense, a judge may order house arrest instead of revoking probation.
- Domestic violence: In some cases, house arrest is an option, particularly for first-time offenders or when no serious injury occurred.
The judge will review each case carefully before granting house arrest. If our criminal defense attorneys represent you, we will advocate for you and explain why house arrest is the best alternative for your situation.
Who Qualifies for House Arrest Instead of Jail?
House arrest is not automatically granted—the court must approve it. Generally, the following factors increase the chances of being eligible:
- First-time offenders: Those without a prior criminal history may be more likely to receive house arrest.
- Non-violent offenders: House arrest is more commonly granted in cases where public safety is not at risk.
- Individuals with medical conditions: If jail poses serious health risks, house arrest may be a suitable alternative.
- Stable home environment: The court may consider whether the person has a safe and structured place to serve house arrest.
- Employment or school obligations: If the defendant has a job or is in school, house arrest may allow them to continue their responsibilities under supervision.
We will present your case in a way that highlights these factors and increases your chances of getting house arrest.
How Do Courts Decide if House Arrest Is an Option?
Courts in California consider several factors before granting house arrest instead of jail time. Judges weigh the nature of the crime, the defendant’s criminal history, and the likelihood of reoffending.
Other key factors include:
- Victim impact: If the crime harmed another person, the court may be less willing to allow house arrest.
- Defendant’s compliance: Courts assess whether the person is likely to follow strict house arrest rules.
- Availability of electronic monitoring: House arrest requires an electronic ankle monitor, and not all counties have the resources to support it.
What Happens if You Violate the Terms of Your House Arrest?
House arrest comes with strict conditions, and any violations can lead to severe consequences, such as:
- Immediate jail time: If you break the rules, you may be sent to jail to serve the rest of your sentence.
- Additional charges: Depending on the violation, you could face extra penalties or criminal charges.
- Revocation of privileges: The court may take away permissions for work, school, or medical visits.
If authorities accuse you of violating house arrest, we will fight to protect your freedom and keep you out of jail.
How Our Lawyers Can Seek House Arrest on Your Behalf
If you’re facing criminal charges, we will review your situation to see if we can help you seek house arrest instead of jail. We can:
- Argue for house arrest during sentencing
- Present evidence of why jail is unnecessary in your case
- Negotiate with prosecutors to reduce penalties
- Defend you if you’re accused of violating house arrest terms
Unsure Which Offenses Qualify for House Arrest in California? Call Us
House arrest can give you the chance to serve your sentence at home while continuing to work, care for your family, and rebuild your life. It can be a valuable alternative to jail, but not everyone qualifies for this arrangement.
The experienced criminal defense attorneys at Simmrin Law Group have helped many Californians navigate the criminal justice system and fight for the best outcome. If you’re facing charges, we can assess your case and determine whether house arrest is an option for you.
With decades of legal experience, we understand what it takes to advocate for house arrest and other sentencing alternatives. You don’t have to face this process alone—call us today for a free consultation and find out how we can help you stay out of jail.