In some cases where a Defendant ordinarily faces jail, it is possible for an attorney to work out an arrangement with respect to house arrest and electronic monitoring. House arrest can be an option when a Defendant does not have a good prior record or has committed a serious offense which is normally jailable. Under certain circumstances, Defense counsel as a last chance option may be able to convince the prosecutor or Judge that house arrest is appropriate instead of a jail or prison sentence.

Under house arrest, a defendant is confined to home with the exception of limited periods where he may leave for work or to attend school. Other than those exceptions, the defendant must remain within 100 feet of an operative telephone maintained on his home premises. During any 24-hour period the monitoring service may run a signal through an electronic bracelet worn on the defendant’s ankle. The Defendant then has a limited amount of time to phone in to check with the service and to explain his whereabouts and activities. Failure to do so constitutes a violation of house arrest which results in incarceration.

House arrest is preferable to jail or prison for most people, not only to avoid incarceration, but to permit them to maintain their job or pursue their education while satisfying a criminal sentence. There is a cost involved with participation in a house arrest program with electronic monitoring, currently about $10.00 per day. The electronic monitor is not always required by the Court, but in most cases it is a preferred method of handling house arrest.