Alternatives to Jail: House Arrest

One alternative to jail may be home confinement, or house arrest.

Alternatives to Jail: House Arrest

Going to jail seems like a nightmare for most people, especially if this is your first experience with the criminal justice system. Fortunately, if you have been convicted of certain crimes and meet the eligibility criteria, your Orange County criminal defense attorney may be able to arrange an alternative to imprisonment. One of these alternatives is home confinement, commonly known as house arrest.

Of course, not everyone who is convicted of a crime in California is eligible for house arrest. You must be a low risk, nonviolent offender who has not been prohibited from house arrest by the judge in your case. You have to be sentenced to county jail, not state prison, and your residence has to be either in or near the county where you were sentenced. You must have a compatible phone in your home, agree to the terms and conditions of home confinement and pay for the privilege of being on home confinement (based on your ability to pay. Your Orange County criminal defense attorney may also be able to convince the judge to place you on house arrest if you are disabled or have a medical issue that would make time in jail difficult for you.

There are many advantages of being sentenced to home arrest over going to jail. First and foremost, you will be in your own home instead of in jail. This is obviously more comfortable — and less scary — for you. It is also far less costly for the state. Depending on the terms of your home confinement, you may also be able to continue working or attending school, and have friends and family visit. However, the court can limit visits by certain people as a condition of your house arrest. Finally, while you are on house arrest, you can complete court-ordered programs, such as DUI school, counseling or medical treatment.

While house arrest is generally seen as better than going to jail, there are downsides to it. You are extremely limited in your movements when you are on home confinement — to the point that you wouldn’t be able to go out to walk your dog when you wanted, or even check your mail. You typically would not be allowed to leave your home at all during the night, and would be very restricted about when you could leave during the day. Unlike when you are in jail, you do not get credit for “good time” when on home confinement, so you will be required to serve the full term. A probation officer would be assigned to monitor you, and you would have to check in with him or her regularly. If you violate your conditions of home confinement, you could be arrested and required to serve the remainder of your term in jail. Finally, house arrest can be costly, with a per day cost of anywhere from $12 to $15 (although this varies based on your ability to pay). Depending on your financial situation, this could make home confinement too expensive of an option for many people.

Home confinement is just one of the alternatives to jail that a skilled Orange County criminal defense attorney can discuss with you if you have been charged with a crime and are considering accepting a plea deal. Each alternative has its advantages and disadvantages, which should be discussed thoroughly with your attorney and your loved ones before making a decision.

If you have been charged with a crime, the Chambers Law Firm is here for you. We represent clients in Orange County and the surrounding areas who have been charged with violations of California law. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.

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