Nonviolent criminals are usually the only ones eligible for home arrest. Low-level infractions, such as misdemeanors, are also common. First-time offenders are more likely than repeat offenders or those with a criminal history to be placed under home arrest. Judges are typically allowed a lot of leeway when it comes to deciding who should be placed under house arrest.
If you want help from a criminal defense attorney to increase the chance of a minimum sentence such as house arrest, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
There are fewer rules than you might think
There are few hard and fast regulations since judges have so much discretion. Rather, a variety of things might be taken into account. These can include the following:
- The defendant’s prior criminal history
- The type of criminal charge filed
- Whether the defendant has a low risk of fleeing
- Whether the defendant has a history of substance abuse
- The defendant’s employment status
- Whether the defendant has a family to care for
- Community engagement
- The defendant’s age
Some of the most common crimes that can result in house arrest include:
- Credit card theft
- Check fraud
- Petty theft
- Diving under the influence
The majority of those charged with a violent offense are ineligible for this type of punishment.
When is house arrest a viable alternative in the criminal justice system?
House arrest can be used for pre-trial release, to detain someone who has already been convicted of a crime until their sentence hearing, or as an alternative to jail term. Early in the criminal justice process, however, home confinement is likely to be more prevalent.
What is the procedure in California?
House arrest is referred to as “home detention” in California. It’s a type of probationary period. Defendants and detainees have the option of serving their term at home. The request must be approved by the probation department.
People who are placed on house detention must wear a (GPS) gadget at all times. This gadget is often an ankle monitor that communicates the person’s whereabouts 24 hours a day. The probation department is given the location of any pre-approved activities, such as employment or school. In most cases, non-emergency deviations from the routine require prior clearance. These travels may require the person to be accompanied by a probation officer.
In California, breaking a rule of home detention is considered a probation violation. A probation violation hearing will be held as a result. At the hearing, the court can either reinstate house arrest, change the terms of house arrest, or revoke it. In many situations, the court will withdraw the defendant’s home detention and send him or her to prison for the remainder of his or her sentence.
