Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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5 common rules of home confinement are random check-ins by a probation officer, wearing an ankle monitor around the clock, no drugs or alcohol, no leaving the house except with prior approval, and an evening curfew. There might be different rules, depending on the offense and its severity. Violating a rule of house arrest can lead to jail time.
5 of the most common rules of home confinement, also known as house arrest, home incarceration, or home detention, are:
However, the rules of a home confinement program are generally tailored to the specific defendant and the crime. For example:
Nevertheless, house arrest is generally seen to be a more favorable type of confinement than jail or prison time. A criminal defense attorney can help eligible defendants secure a sentence of home confinement, rather than in county jail.
The rules of house arrest almost always include visits by a probation officer or parole officer. These visits are used to ensure that the other rules of house arrest are being followed.
In addition to regularly scheduled visits, probation officers are also entitled to unannounced visits.
People under home detention may also have to attend meetings at the probation office. Because these meetings would be arranged well beforehand, they would be allowed to leave their house to attend.
People under house arrest are almost always required to wear a global positioning system (GPS) device at all times. These electronic monitoring devices usually come in the form of an ankle bracelet. They have to be worn 24/7, while the inmate is at home and while he or she is out on pre-approved activities.
The device will notify the probation officer if it ever leaves the property boundaries or the house. The probation officer can then arrest the offender, even without an arrest warrant.
The ankle bracelet is the source of much of the cost of being under house arrest. Setting up the monitoring equipment often costs more than $100. Then there is the daily rate for the monitoring service, which can be as high as $50 per day. While some jurisdictions subsidize the costs for low-income people under house arrest, not all do.
Tampering with the monitoring device or taking it off is a violation of the rules of house arrest. Violators may be sent to jail for the rest of their sentence.
Home confinement rules also require inmates to abstain from drugs and alcohol. This is especially common if the home detention stems from a drug possession offense or a case of driving under the influence (DUI).
Usually, the probation officer will search the house for drugs or alcohol during his or her regular or unannounced visits. The officer can also demand that the inmate take a random drug test to ensure compliance.
In some cases, though, the inmate will have to wear a drug or alcohol detector, in addition to his or her ankle bracelet. These tend to come in the form of an adhesive patch that is worn on the skin, or as a secure continuous remote alcohol monitoring (SCRAM) device. Tampering or removing them would violate the terms of house arrest.
The most obvious rule of house arrest is that the inmate has to stay on the premises. However, contrary to popular belief, home detention does not necessarily mean that the inmate can never leave. They just need to have prior approval before leaving.
Some common activities that people under house arrest are allowed to attend are:
Leaving the premises without prior approval is a violation of the rules of house arrest. Even if the journey was for an emergency, anyone under house arrest will have to prove that it was legitimate.
House arrest generally comes with an evening curfew. This curfew limits when inmates can do pre-scheduled activities off the property. However, the timing of the curfew can be flexible, especially if the inmate has pressing commitments after hours, like if he or she works late.
Generally, home confinement is a type of probation. Violating a term of home detention, then, is a type of probation violation. When probation officers or law enforcement suspect a violation of house arrest, they will arrest the inmate. The inmate will be held until a probation violation hearing can be scheduled, or may release the inmate on bail.
At the probation violation hearing, the judge will decide whether to:
The severity of the violation will matter, a lot. So will any prior violations. A criminal defense lawyer can be a big asset to have at this stage in the process.
If the person under house arrest was out on parole, then the violation will likely lead to a revocation of parole. The parolee will be sent back to prison.
In recent years, parolees have been more likely to be let out on community confinement, like house arrest. The Second Chance Act was signed into law in 2008. Under that law, case managers at the federal Bureau of Prisons (BOP) could allow federal prisoners to serve up to the last 6 months of their sentence in a halfway house. This helped to facilitate their reentry into the community.
This impetus was expanded in response to the Covid-19 pandemic to reduce the spread of the virus in prisons. The CARES Act allowed for the compassionate release of prisoners who had risk factors for the virus, according to the Centers for Disease Control (CDC), and who pose a lower risk of flight.
Home confinement is an alternative to jail or prison. Rather than being kept behind bars, people spend the time confined in their home. It can be used as:
Home detention is generally only an option for defendants who:
Additionally, defendants generally have to request a sentence of home confinement, rather than a term of imprisonment. Judges rarely put someone with eligibility under house arrest if it is not requested. Judges hearing a request for house arrest have a lot of discretion in whether to award it. Some factors include:
There are numerous differences between house arrest and jail. While most of these differences make house arrest more favorable to the defendant, there are some drawbacks. One of them is the lack of good time credit in many jurisdictions. Inmates in jail may be released before their entire sentence is served if they accumulate enough good time credits. Inmates on house arrest cannot get an early release date. They have to spend the full amount of time in home incarceration.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.