You are not sent to jail with house arrest, you are confined to your home.People often request house arrest before trial as a condition of bail or after being convicted of a crime.Depending on the circumstances, the exact details of your confinement will be different.Some people can leave their homes to attend religious services and work.If you want to ask for house arrest, you should check to see if you even qualify.You need to ask the judge.
Step 1: Analyze the criminal record that you have.
Everyone can be eligible for house arrest.If this is your first offense, you are more likely to get house arrest.You should review your criminal history to see if you are a good candidate.
Step 2: You should check if you were arrested for a violent crime.
If you were arrested for a violent crime, you are less likely to get house arrest.If you were arrested for a non-violent offense, such as drug possession, you are more likely to qualify.House arrest can be ordered for people who have been convicted of a drunken driving offense.
Step 3: Other factors should be looked at.
A judge will look at a number of factors when making a decision on house arrest.If you are a juvenile, a judge will look at this.People under the control of their parents are more likely to be arrested.Parole seems too light, but going to jail seems excessive.House arrest is the ideal punishment in some situations.You can have a steady record of employment if you are employed.House arrest might allow you to work.If you have home care responsibilities, it's up to you.
Step 4: Ask your lawyer.
A lawyer should represent you.If you are low-income, you may have been given a public defender.If you qualify for house arrest, ask them.Discuss with your lawyer whether you can be released on your own recognizance if you want house arrest as a condition of bail.You don't have to post money if you promise the court to attend all of your hearings.If you qualify, ask your attorney.If you qualify for release on your own recognizance, there is no reason to request house arrest.
Step 5: You need to attend your bail hearing.
Your lawyer will argue at the hearing why you should be released.The judge will want to know if you are a flight risk.The judge will look at your connections to the community, including your family or jobs.If you have strong connections, bail is appropriate.The risk to the community is yours.You are more likely to be a risk if you have been accused of a violent crime.Your criminal record.You are less likely to get bail if you have a long criminal record.
Step 6: People must testify.
During the bail hearing, witnesses may need to testify on your behalf.Judges don't generally just believe what you say, so witnesses may be necessary.If you are employed, you might need your boss to testify.If you are a family member, you should take care of elderly parents.If you are in treatment, you should talk to a counselor or doctor.If you are a teacher.
Step 7: Receive the judge's decision.
The judge will make a decision after hearing from you and the prosecutor.Paying an amount of money into the court is one of the conditions set by the judge.
Step 8: You have to pay money into the court.
You have to post money in order to be released on bail.You may be ordered by the judge to post $50,000.If you have cash or other assets, you can pay it into the court.You can get the money back if you show up to every hearing and trial.Depending on your state, you may be able to post a bail bond.You pay 10% of the bond's face value with a bail bond.You have to pay $5,000 if the bond is $50,000.You don't get the amount you paid back at the end of the trial.
Step 9: You should get your bail conditions.
In addition to house arrest, there may be other conditions you have to meet.Make sure you have a copy of the conditions so you can follow them.You can be arrested and sent to jail if you slip up.You may not be able to get back out on a new bail.
Step 10: You can talk to the prosecutor.
The prosecutor can make a recommendation to the judge.If the prosecutor is willing to recommend house arrest as your punishment, you should have your lawyer talk to them.
Step 11: You can read the presentence report.
A presentence report is created for the judge to read.The report explains why a sentence is appropriate.After interviewing you and the victim, the officer prepares the report.Your lawyer can argue against the recommended sentence after reading the report.factual mistakes made in the report will be pointed out by your lawyer.The report might claim that you have a longer criminal history than they do.The presentence report can be supplemented.You might not have been in a drug treatment program when you met with the officer.Your lawyer can bring this information to the judge if you enroll after the meeting.
Step 12: People can gather witnesses or other documents.
During the sentencing hearing, you can have witnesses testify.You can have a witness write an affidavit if they can't attend.You could have your boss sign an affidavit stating that you are needed at work.Discuss what witnesses would be helpful with your lawyer.If you take care of a relative, you can bring them to court.
Step 13: Attend your sentencing hearing
The prosecutor and your lawyer will argue about the appropriate sentence at the sentencing hearing.The victim could make a statement.You can talk as well.It depends on whether you have a lawyer or not.Your role will be limited if you have a lawyer.If you don't have a lawyer, you will need to make a legal argument about why you deserve house arrest.
Step 14: Express regret for the crime.
Express remorse for the crime is the best thing you can do.You should not make excuses or claim that you are innocent.You should say that you're sorry.I know I have done a terrible thing.I take full responsibility.I will not do it again after drinking alcohol.
Step 15: Why should you be arrested?
Your lawyer should explain to the judge why you are eligible for house arrest.If you don't have a lawyer, you will have to make an argument to the judge.Supporting each argument with facts is important.You can say, "You heard from my boss that I have worked for the company for seven years and I am an important manager."I would like to be under house arrest.
Step 16: Follow the guidelines of house arrest.
You will be told the conditions of house arrest by the judge.The judge can allow breaks for you to go to work or medical appointments.You have to follow all of the conditions.You will end up in jail if you don't.You will have to wear a monitoring device.It is likely that you will have to pay some money to use the device.The amount you pay depends on your ability to pay.There is no early release for good behavior.If you are given 120 days of house arrest, you will have to fulfill them all.