If you face a jail sentence, but also have enormous responsibilities at work and / or for your family, i.e. child care or an elderly parent, house arrest may be something you should request as an alternative to jail. House arrest is specifically provided for at Penal Code § 1203.016, where it is called “home detention.”
House arrest is restricted to those who are low risk, meaning non-violent, minimum security and usually first-time offenders. The judge must approve it, as must the probation department (it is considered a term of probation), so the request is often denied. In our experience, we have had house arrest approved for clients charged with theft crimes and even sex offenses. It is most often used, we find, in DUI cases.
Those who ask for and are allowed house arrest are then fitted with some form of electronic monitoring device. Often, the individual is allowed to travel from home to work or school, so there is the potential for the abuse of such privileges. When this is permitted, the individual is fitted with a GPS (Global Positioning System) device that transmits data twenty-four hours a day concerning one’s location. The location of one’s school and/or work is then provided to the probation department so probation can compare one’s expected location to one’s actual location.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.