When Can I Do House Arrest Instead of Jail in California?

Criminal defense attorney Michael Becker explains "house arrest" in California, and discusses when the judge might allow an accused or convicted criminal to serve their time at home, instead of jail.

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House arrest is when a judge allows a defendant or convicted criminal to serve their jail time at home instead of jail. Normally judges require the person under house arrest to wear an ankle tracking bracelet that sends their GPS location to authorities. Even when wearing the ankle bracelet, the defendant may be allowed to leave their home during certain hours, such as for school or work.

Sometimes house arrest occurs early in the criminal proceedings, such as when a defendant is awaiting trial and has been released on bail by the judge. But house arrest may also happen after a conviction, when a judge allows the convicted criminal to serve their jail sentence at home instead of being incarcerated.

Judges are much more likely to agree to house arrest in cases where the following 5 situations apply to the suspect:

1.) They do not pose a threat to themselves or public safety.

2.) They did not commit any violent or serious crimes.

3.) They agree to pay all associated setup fees and daily monitoring fees.

4.) They live in or near the county where the criminal case is.

And 5.) They agree to follow to all of the judge's rules, such as remaining inside the confines of their home, unless they have prior approval to leave.

It is also important to keep in mind that electronic monitoring is not free, and has serious consequences if it is violated. Electronic monitoring requires a one-time setup fee, and a daily monitoring fee. And anyone who violates the terms of their probation and electronic monitoring will be sent back to jail.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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