How does house arrest work in california

The offender must have a place to live that is in or near the jurisdiction sentencing them. In most cases the offender must have a landline telephone in their home. An offender who used their home in the commission of the crime they are being punished for may not be eligible for house arrest.

In most cases the prosecutor in the criminal case will make a recommendation for sentencing , but it is up to the judge to decide whether the offender is eligible for house arrest. One role of a criminal attorney is to illustrate why their client is a good candidate for house arrest. During the sentencing phase of the trial you and your attorney will need to demonstrate that you meet the eligibility requirements in that particular jurisdiction.

For example, you may need to show the following:. You can bring any documents to court that will help you demonstrate that you are a good candidate for house arrest. Your lawyer can also arrange to have witnesses testify on your behalf during sentencing.

If you violate the terms of house arrest your probation officer will decide whether to give you a warning or order you to appear in court for a hearing. A home confinement violation might result in the probation officer recommending that the remainder of the sentence be served in jail or prison.

If the violation was minor, the court might also adjust the curfew or the list of acceptable reasons to be outside of the home. The penalties for a home confinement violation will depend on the facts and circumstances of the violation. For example, the court might be more lenient if the violation was due to a personal or family medical emergency. House arrest is a somewhat misleading term, since in almost every case the arrestee is allowed to leave their home for pre-approved reasons or locations outlined in the Home Detention Agreement.

Some of the reasons an arrestee can leave their home include:. The arrestee may also request and be granted permission to leave for other reasons, but those decisions are made by the probation officer on a case-by-case basis.

The arrestee may be given more freedom of movement within a certain distance of their home and only before the predetermined curfew. House arrestees are fitted with an electronic monitoring device that is usually placed on their ankle. If a conviction against you is assured and a guilty plea is your best option, a skilled Los Angeles criminal defense lawyer should review all possible options for sentencing and plea deals with you, including alternatives such as diversion programs.

At the Chambers Law Firm, our team of professionals understand how the system works — from the initial arrest to the different ways that people can be sentenced. We put this knowledge to work for our clients, to help them get the best possible outcome for their case. Contact us today at or dchambers clfca. These programs ease overcrowding and meet the goals of punishment and rehabilitation. Since home detention is seen as preferable to jail confinement, it is best to regard all of the rules of your home detention carefully so that you can continue keeping as close a schedule to normal as possible.

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This means that every time you visit this website you will need to enable or disable cookies again. House Arrest California. Judicial-Link Monitoring Solutions. House Arrest California Alternative Sentence — House Arrest California sometimes referred to as Home Detention provides greater sentencing flexibility so that offenders convicted of certain crimes may continue their employment or educations, live in their communities, and take part in court-ordered programs such as DUI classes or drug treatment in a community environment.

Can I leave my resident during House Arrest? What to Avoid on House Arrest? There are significant limitations to your freedom and mobility while under house arrest. For example, you may be required to stay home during certain hours of the day.

Some monitoring devices require significant time to charge and therefore you are unable to leave your home during that time. Offenders on house arrest must wear a monitoring device at all times. They will be required to report to a probation officer and are not eligible to have their sentence reduced. Finally, offenders who violate any conditions stipulated under their house arrest sentence may be arrested and sent to jail.

Many individuals who have been accused of non-violent criminal offenses wonder if they need to spend the time and expense of hiring a criminal defense attorney. In the state of California, you should have an attorney on your side to help you navigate your charges no matter how serious the charges.

With the right attorney on your side, you may be able to secure a sentence of house arrest rather than jail time.