House Arrest for Federal Offenses
When facing the daunting prospect of federal charges and potential prison time, the possibility of house arrest can bring a sense of relief.
This is especially true if you're a first-time offender, charged with a non-violent offense, or have other extenuating circumstances. House arrest can offer a glimmer of hope in an otherwise challenging situation.
Fortunately, our skilled federal criminal defense attorneys can step in and negotiate house arrest for you as an alternative to prison.
Our expertise can provide a guiding light in a complex legal system. House arrest, functioning as a form of probation or parole, allows offenders to remain within their homes while adhering to strict guidelines set by the court.
House arrest is a sentence in which the court orders offenders to remain confined in their residences, typically allowing them to leave only for medical and employment reasons.
In many States, electronic bracelets are used to detect house arrest violations. House arrest has advantages, including its cost-effectiveness, responsiveness to community and offender needs, ease of implementation, and timeliness.
Its disadvantages include the potential to widen the social-control net, reduction of punishment severity, focus on surveillance rather than rehabilitation, intrusiveness and possible illegality, and racial and class bias in participant selection. House arrest may also compromise public safety.
Some State programs have thousands of offenders under house arrest on any given day. It targets misdemeanors and felons who would normally be incarcerated.
Each offender is supervised by a community control officer, whose main duty is to ensure that the offender is complying with house arrest restrictions. Participants must pay supervision fees to offset the costs of supervision.
A federal judge can sentence people to house arrest under the right circumstances. If the judge has the discretion to depart downward, the judge can impose house arrest or home detention. The success and the pressure every State is experiencing to reduce prison populations ensures that interest in house arrest will continue to grow.
What Is House Arrest?
House arrest is a penalty designed to balance the need for punishment with the opportunity for rehabilitation. Also frequently referred to as home confinement, it's a form of alternative sentencing in which an individual serves their sentence at home instead of in a federal prison facility.
Under house arrest, individuals are confined to their residence for a specific period. They are typically allowed limited movement for approved activities, such as the following:
- Work,
- Medical appointments,
- Religious observances, or
- Family obligations.
While it offers some degree of freedom compared to incarceration, house arrest still imposes significant restrictions, as the individual's daily activities and whereabouts are tightly controlled and monitored.
Federal guidelines allow house arrest to be used in lieu of incarceration in certain cases, and it may also be part of a supervised release program following time served in prison.
House arrest can provide a sense of security and connection during a challenging time by allowing individuals to maintain employment, stay connected with their families, and avoid the harsher realities of federal prison.
In this sense, house arrest is a rehabilitative measure that allows offenders to continue contributing to society under close supervision. Although this form of punishment limits certain freedoms, it is generally viewed as a more humane option compared to prison, particularly for low-risk offenders.
The United States Sentencing Guidelines provide a framework for judges to determine when house arrest is appropriate at the federal level. These guidelines consider factors such as the severity of the offense, the offender's criminal history, and their potential for rehabilitation.
Federal house arrest is often used for white-collar federal crimes, drug offenses, and other non-violent crimes. It is a sentencing option that judges may consider when incarceration seems too harsh, especially for first-time offenders or those with strong community ties.
When Might House Arrest Be Used?
Under federal sentencing guidelines, house arrest is generally reserved for individuals who pose a minimal risk to public safety and are unlikely to re-offend. Below are some situations where house arrest may be an option:
- White-collar crimes: Individuals convicted of nonviolent, financially motivated crimes, such as fraud, embezzlement, or insider trading, may qualify for house arrest.
- Non-Violent Drug Offenses: Offenders convicted of minor, non-violent drug offenses may also be eligible for house arrest. This option can help individuals with substance abuse issues by allowing them to seek treatment and maintain family relationships while being closely supervised.
- First-Time Offenders: House arrest may be an alternative for first-time offenders who cooperate with authorities, show remorse, and have minimal criminal backgrounds.
- Last 12-18 Months of a Prison Sentence: The Federal Bureau of Prisons (BOP) may release some inmates to home confinement for the last 12 to 18 months of their prison sentence. This program, often used for low-risk prisoners with good behavior records, serves as a transitional period to help them reintegrate into society. It also helps alleviate jail overcrowding.
- Medical or Compassionate Circumstances: Some individuals may be granted house arrest due to medical conditions or advanced age, where incarceration could be deemed inhumane or excessively burdensome. It can also be considered in situations where the offender has dependents under their care, and separating them could cause undue hardship for those dependents.
Monitoring Individuals Under House Arrest
Individuals are typically monitored using electronic devices to ensure compliance with the terms of house arrest. The most common method involves using an electronic ankle bracelet, which tracks the individual's movements in real time.
This device alerts authorities if the person leaves the designated area or removes the bracelet. Other monitoring methods may include regular check-ins with a probation officer, random drug testing, and the use of GPS technology to enforce location restrictions.
These devices use GPS technology to monitor the offender's location continuously. If the individual leaves the permitted area, an alert is sent to the supervising authorities, who can then take appropriate action.
Electronic monitoring systems are highly effective in ensuring compliance with house arrest conditions. They provide real-time data on the offender's whereabouts and can detect any attempts to tamper with the device.
What are the Consequences of Violating Terms?
Violating the terms of house arrest, such as tampering with an ankle monitor, failing to remain within the designated area, or engaging in unapproved activities, can lead to immediate consequences. These consequences may include:
- Increased Restrictions: Offenders who violate their terms may face additional restrictions on their movement or activities.
- Extension of House Arrest Period: Courts may extend the duration of house arrest as a penalty for non-compliance.
- Revocation of House Arrest Privileges: In more serious cases, the court may revoke house arrest privileges entirely, requiring the offender to serve their remaining sentence in a federal prison facility.
Negotiating for House Arrest
If you're charged with a federal offense in which conviction seems likely, securing home confinement instead of incarceration can significantly improve your outcome.
A skilled federal criminal defense attorney can advocate for this option by making the case that you meet the criteria for home confinement based on sentencing guidelines, such as the following:
- The non-violent nature of your offense.
- The absence of a prior criminal history.
- Your sense of remorse and commitment to rehabilitation.
- The necessity of your involvement in the community.
- Any medical conditions that may endanger you if you're incarcerated.
- Unnecessary hardships to you or others that your imprisonment could cause.
Defense lawyers play a critical role in securing house arrest for their clients. They advocate for their client's eligibility, negotiate terms, and provide guidance throughout the process to ensure compliance with all conditions. Attorneys can help in the following ways:
- Present a strong case. This includes highlighting the offender's suitability based on their background, family situation, and rehabilitation potential.
- Negotiating the terms. This includes working with the court to establish reasonable and achievable terms and conditions.
- Provide guidance. This includes offering ongoing support and advice to help the offender comply with all requirements.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.
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