Is it Possible to be Sentenced to California House Arrest Instead of Jail?

After a conviction, when jail time is on the table, there may be options for how you serve your time. Generally, being allowed to serve your time at your home instead of behind bars is preferable. Not every crime will qualify for alternative sentencing like home detention or house arrest, but for those that do, your best chances of getting this outcome will be to work with a savvy and talented San Diego criminal defense attorney.

David M. Boertje is a California criminal defense attorney who has the experience and the skill to argue for house arrest in lieu of prison. House arrest may result in complete home confinement or it can allow for you to have the ability to travel. Potentially you may be able to leave your home to go to court and even personal appointments, school or work, and other approved locations. Typically, a judge is not going to bring up alternative sentencing options. It takes a knowledgeable criminal defense attorney to request it, and then to convincingly persuade a prosecutor and judge that house arrest is the best option and that you are worthy of receiving it.

How Does House Arrest in California Work?

House arrest is not a walk in the park; it is meant to be a punishment. There are several rules that people who are able to secure this sentence must follow. These rules vary based on the person and the type of crime that they were convicted of committing. For some, house arrest in California can be very difficult — even more so than prison time. That being said, most people favor the option of home detention over having to spend time in jail. 

The basic tenets of house arrest include:

  • You have to stay inside of your home at all times. In rare instances, you may be able to spend time outside on your property.
  • You will be monitored by way of electronic monitoring devices. This could be an ankle transmitter or GPS tracker. If your crime involved alcohol you may have to wear an alcohol-monitoring bracelet. Drug crimes may require drug patches that are tested weekly. All of these devices must be kept on 24 hours a day, seven days a week.
  • Authorized individuals who are in charge of ensuring you are complying with the rules of your home detention must be admitted into your home without incident to do their job.
  • If you are permitted to travel, you may only go directly to the approved location and then directly back home. Also, you may have to abide by time constraints meaning you will only be allotted a specific amount of time that you can be at a confirmed location before you must return to your home.
  • You may be financially responsible to pay for expenses associated with your home detention sentence.

Speak With a California Criminal Defense Attorney Today

If you are granted home detention in California, there are no guarantees that it will not be taken away and you will have to serve the rest of your time in jail. This is generally the case when it can be shown that you have violated the terms of your sentence at home. To learn more about if you qualify for home detention, you can speak with the San Diego criminal defense attorney at the Law Offices of David M. Boertje by calling (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location. Initial consultations are always free.

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