What Is House Arrest?
House arrest—formally called residential confinement in Nevada—is a sentencing alternative to traditional incarceration in a county jail or state prison following a criminal conviction. A court may order house arrest instead of a jail or prison term or as a condition of probation or parole. In some cases, courts may use house arrest as an alternative to pre-trial incarceration, in which case house arrest would end upon the conclusion of a defendant’s trial.
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Can I Do House Arrest Instead of Jail?
A convicted defendant’s ability to obtain a sentence of house arrest instead of incarceration will largely depend on the sentencing court’s discretion. While specific circumstances may disqualify an offender from house arrest, courts may consider it as a sentencing option for all but the most severe criminal offenses that require incarceration. Courts will weigh various factors for and against granting house arrest to a particular defendant.
There are several common misconceptions about what to expect during house arrest. Certain movies and TV shows portray house arrest as basically a “stay-at-home” vacation. However, offenders on house arrest face strict surveillance, including the potential for unannounced home visits and inspections by parole or probation officers. Furthermore, offenders must adhere to curfew or location restrictions set by the court. Staying outside the home past curfew or entering restricted areas will alert supervisory officers, who may take the individual into custody.
When Can You Get House Arrest?
In most cases, courts will impose house arrest as an alternative to incarceration for offenders convicted of non-violent or low-level offenses. Courts will also consider other circumstances in a defendant’s case when deciding whether to impose house arrest, such as:
- The defendant’s criminal history, including the number of prior offenses and the seriousness of those offenses.
- Whether the defendant poses a flight risk, including past instances of attempted escape, missing court appearances, the defendant’s lack of family or community ties, and the defendant’s financial resources to flee beyond the state’s extradition efforts.
Furthermore, certain offenses and circumstances may disqualify criminal defendants or convicted offenders from seeking house arrest as part of their sentence. These include sex offenses or crimes of violence, and any violations of facility rules committed while in custody.
Contrary to what some assume, courts do not limit house arrest solely for minor offenses or wealthy or high-profile defendants. Instead, courts can order house arrest for defendants convicted of more serious offenses and defendants of any economic background, so long as the court deems house arrest a more appropriate form of punishment than incarceration.
How Does House Arrest Work in Nevada?
In Nevada, all offenders on house arrest must submit to electronic monitoring, which typically takes the form of an ankle-worn device that monitors an offender’s location and alerts authorities if the offender violates the terms of their house arrest. Offenders on house arrest must have a landline or keep a cell phone in their residence, although courts can restrict how offenders use their phones. Furthermore, those on house arrest must:
- Not drink alcohol or use drugs (individuals on house arrest undergo drug testing and may have to wear a device that monitors blood alcohol content through the skin)
- Check-ins with parole or probation officers on a monthly basis
- Submit to random drug testing as requested by supervisory officers during check-ins or home visits
- Remain within the county under all circumstances
Depending on a defendant’s criminal history, personal factors, or the circumstances of their offense, courts can impose additional conditions of house arrest, such as:
- Surrendering passports and firearms
- Curfews
- Limiting movement to designated locations, such as going to work, school, court-ordered treatment/therapy sessions, medical appointments, or stores, with no deviations or stops along the way
- Prohibitions on going to specific locations, such as a victim’s or witness’s home or workplace, schools or playgrounds, and casinos
Furthermore, defendants who receive house arrest as part of their sentence must pay the expenses related to their house arrest, including rental fees for the electronic monitoring equipment, setup costs to install the equipment in their home, monthly service fees for monitoring, and reimbursement for repair or replacement costs of any damaged or destroyed equipment.
Advantages of House Arrest vs. Incarceration
Obviously, there are considerable benefits to a sentence of house arrest instead of incarceration, including that it:
- Allows individuals to serve their sentences at home, which enables them to maintain connections with their family and community
- Potentially allows individuals to continue to work while serving their sentence and provide financial support for their families
- Reduces overcrowding in county jails and state prisons
- Provides defendants with better access to educational, treatment, and support services than available in correctional facilities
- Offers less disruption for defendants’ families, especially when defendants have young children at home
- Gives defendants a better chance for reintegrating into society after serving their sentences
What Happens If You Violate the Terms of House Arrest?
A person on house arrest violates their sentence when they:
- Go outside permitted zones (e.g., home, work, doctor’s offices) or near restricted zones (e.g., victims’ homes or workplaces)
- Tamper with monitoring devices
- Break curfew
- Have detectable alcohol or drugs in one’s system
When a defendant violates the terms of their house arrest, supervisory officers will bring the defendant back before the court to present evidence of the defendant’s violation. If the trial court finds that the defendant violated their house arrest, it can revoke the defendant’s house arrest privileges and order them to serve the remainder of the term in jail or prison. However, the court may agree not to revoke house arrest if there are exculpatory circumstances. For example, a court likely would not revoke house arrest over a malfunctioning piece of monitoring equipment or an innocent accident, such as road detours taking the person outside an approved zone or into restricted zones.
Contact a Criminal Defense Lawyer Today to Discuss the Option of House Arrest in Your Case
Have you been charged with or convicted of a crime in Nevada? If so, house arrest could be an attractive alternative to incarceration. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with a criminal defense attorney to discuss your criminal charges and the possibility of house arrest in your case.