How to Request House Arrest Instead of Going to Jail
House arrest may seem like one of those special deals that celebrities get, and the infamous ankle bracelets are the highlight, but the reality is that house arrest is a relatively standard punishment for celebrities and non-celebrities alike. What’s more, you can actually request it as an offer if you meet certain criteria.
What is house arrest?
The Department of Justice maintains a virtual library that provides a fairly basic overview of house arrest , although the plan dates back to 1988. It states: “House arrest is a sentence whereby a court orders offenders to remain in confinement in their homes, usually leaving only for medical and official reasons.”
A person under house arrest can leave, but only to work, to a doctor, or to another pre-sanctioned, planned event – and only with permission. In at least 20 states, a person’s whereabouts are tracked using electronic bracelets while they are under house arrest.
According to the Department of Justice, the benefits of such a sentence:
- It’s cost effective
- It meets the needs of the community
- It meets the needs of individual offenders
- It’s easy to implement
- it’s timely
However, there are also some drawbacks, such as its ability to expand the network of social control, not to mention its focus on overseeing rehabilitation. Opponents also point to his intrusiveness and racial and class bias in choosing those approved for house arrest.
Who can get house arrest?
Legal publisher Nolo says some of the house arrest criteria may include:
- Your history of delinquency is not very long
- You are not considered a violent criminal
- You are a juvenile delinquent in parental care.
- Your work experience is good and stable
- Jail sentence would be too harsh for your crime, but probation is too lenient
You may have noticed that some of these criteria are quite subjective. The judge will ultimately decide if you qualify, but it’s worth discussing this possibility with your lawyer or public defender and requesting house arrest if you think it’s right for you. Keep in mind that in some cases you will have to pay a fee to electronically monitor you while you are serving your sentence.
The data shows that rates of electronic ankle monitoring have increased during the pandemic, with researchers conservatively estimating that more than 130,000 people in the United States are electronically monitored.
What are the other disadvantages of house arrest?
In addition to the possibility of you having to pay the bill for your own surveillance, there are other issues to consider before asking for house arrest. Opponents point to the spread of electronic monitoring not only as an alternative punishment, but also as a way to keep people tied to the prison system for longer periods of time when they could otherwise serve a faster sentence or simply get probation.
If you ever face a sentence and are considering house arrest, talk in detail with your lawyer or public defender about what it really means in terms of cost and time.