Home detention can seem like a more lenient alternative to jail time, but it comes with its own set of strict rules and potential pitfalls. An experienced Indiana criminal lawyer can help you understand what constitutes a violation and the possible repercussions you can face.
What Is Home Detention?
Home detention is one of the punishments the State can impose when you’re convicted of a crime. It’s worse than nothing, but it’s a lot better than being locked up in jail.
Basically, a person on home detention is allowed to continue their daily life, such as going to work or attending church, while serving their criminal sentence at home.
The idea is to balance punishment with the ability to maintain employment and family responsibilities. The downside of home detention is that although you can sleep in your own bed, you’re subjected to near-constant monitoring.
Generally speaking, a person on house arrest is not permitted to have drugs or alcohol in the home. A probation officer can pay you a visit at any time—no warning required. A person sentenced to home detention can also look forward strict curfews and electronic monitoring devices.
The Hierarchy of Punishments
Here’s where home detention fits into the hierarchy of criminal punishments:
- Nothing—always the best legal outcome when you’ve been charged with a crime.
- Probation—if the judge doesn’t think you’re a danger to others, you might be granted supervised freedom with specific conditions.
- Home detention—folks who pose a slightly higher risk can be confined to home except for specific, court-approved activities.
- Work release—for the defendant who’s going to be locked up yet needs to keep his job, this arrangement requires him to return to confinement after work hours.
- Jail/prison—pretty much the worse case scenario.
Home detention is more severe than probation but less restrictive than jail, An experienced Indiana criminal lawyer may be able to argue for home detention, especially in cases of repeat offenders who still have the potential to turn their lives around.
Common Home Detention Violations
There are a number of ways to earn a home detention violation, ranging from minor infractions to severe breaches:
1. Missed appointments: Failure to attend any mandated meeting—including scheduled meetings with your community corrections officer—can get you in trouble.
2. Failed drug tests: If you test positive for anything you’re not allowed to put in your body, that can be grounds for a violation.
3. Unauthorized absence: It’s a violation of home detention regulations to leave your home without permission—for any reason.
4. Tampering with monitoring equipment: Any attempt to remove or alter your electronic monitoring device will be taken very seriously and may lead to additional criminal charges.
5. New offenses: Committing any new crime while on home detention is a severe violation and will likely result in more severe penalties.
Consequences of Home Detention Violations
The consequences of violating home detention are pretty severe and they can escalate quickly:
- No bond warrant: Upon a violation, the judge may issue a no bond warrant for your arrest, meaning you cannot be released on bond until the issue is resolved.
- Increased confinement: A violation can lead to a step up the punishment ladder, potentially resulting in work release, jail, or even prison time.
- Additional charges: Severe violations—such as tampering with a monitoring device, can lead to new criminal charges, each of which carries its own penalty.
For instance, cutting off your monitoring band is seen as an extreme violation and could lead to charges of escape (Indiana Code section 35-44.1-3-4), which starts as a Level 6 felony (I.C. 35-50-2-7), carrying a maximum penalty of two and a half years in prison and a $10,000 fine.
A conviction for escape also makes you ineligible for home detention in the future. If the escape causes bodily injury (I.C. 35-31.5-2-29) to another person or involves the use of a deadly weapon (I.C. 35-31.5-2-86), this can be charged as a Level 5 felony (I.C. 35-50-2-6), which carries a maximum penalty of eight years in prison and a $10,000 fine.
Immediate Actions to Take
If you find yourself accused of a home detention violation, it’s time to be pro-active:
- Contact an experienced Indiana criminal attorney. Get in touch with your legal representation as soon as possible so you can understand your options and plan your defense.
- Surrender promptly. If there’s a warrant for your arrest, a voluntary surrender can work in your favor.
- Document everything. Keep a detailed record of your compliance with the terms of your home detention agreement. This can be used in your defense if there’s a dispute over records or some other misunderstanding.
Hot Tips
To avoid violations, it’s important to:
- know your schedule. Be acutely aware of your approved schedule and any restrictions placed on you.
- maintain open communication. Regularly check in with your community corrections officer and keep them informed about any issues that might affect your compliance.
- stay informed. Understand all the rules and conditions of your home detention, and ask for clarification if something is unclear.
Conclusion
Home detention violations are serious and can quickly lead to harsher penalties. Understanding the rules and staying vigilant about your compliance can help you successfully complete your sentence without additional complications.
If you’re facing a violation, contact the Marc Lopez Law Firm at 317-632-3642 and remember—always plead the fifth!
