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. Understanding what constitutes a violation and the possible repercussions is crucial for anyone placed under this type of community correction.
What is Home Detention?
Home detention is a form of community corrections, which itself sits between probation and jail in terms of severity. It allows individuals to continue their daily lives, such as going to work or attending church, while serving their sentence at home. The idea is to balance punishment with the ability to maintain employment and family responsibilities. However, it comes with stringent rules and constant monitoring. Generally, house arrest includes strict rules around drugs and alcohol in the home. At any time a probation officer can come into the home to administer a random drug test. Further, there is generally a set curfew that individuals on home detention must follow. Individuals on home detention have to wear an electronic monitoring device at all times. This device will immediately notify law enforcement if the individual under home detention attempts to leave their property, it will also notify law enforcement if the device is tampered with.
The Hierarchy of Punishments
To understand where home detention fits, it’s helpful to visualize the hierarchy of criminal punishments:
- Nothing – No legal consequences.
- Probation – Supervised freedom with specific conditions.
- Home Detention – Confined to home except for specific, court-approved activities.
- Work Release – Allowed to work but must return to confinement after work hours.
- Jail/Prison – Full confinement in a correctional facility.
Home detention is more severe than probation but less restrictive than jail, providing a middle ground for serious offenses or repeat offenders who still have the potential for rehabilitation.
Common Home Detention Violations
Violating home detention can occur in several ways, ranging from minor infractions to severe breaches:
1. Missing Appointments: Failing to attend scheduled meetings with your community corrections officer or any mandated appointments can trigger a violation.
2. Failed Drug Tests: Any positive drug test can be grounds for violation.
3. Unauthorized Absence: Leaving your home without permission, even for a short period, is a violation.
4. Tampering with Monitoring Equipment: Any attempt to remove or alter your electronic monitoring device is taken very seriously and can lead to additional 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 can be severe and escalate quickly:
– No Bond Warrant: Upon a violation, the judge will 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 in the punishment hierarchy, potentially resulting in work release, jail, or even prison time.
– Additional Charges: Severe violations, such as tampering with the monitoring device, can lead to new criminal charges, such as escape, which carry their own penalties.
For instance, cutting off your monitoring band is seen as an extreme violation and could lead to charges of escape, making you ineligible for home detention in the future.
Immediate Actions to Take
If you find yourself accused of a home detention violation, immediate action is essential:
– Contact Your Attorney: Get in touch with your legal representation as soon as possible to understand your options and plan your defense.
– Surrender Promptly: If there’s a warrant for your arrest, surrendering voluntarily can sometimes work in your favor.
– Document Everything: Keep a detailed record of your compliance with home detention terms. This can help in your defense if there’s a misunderstanding or a false accusation.
Preventing Violations
To avoid violations, it’s crucial 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 of 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 face a violation, contact the Marc Lopez Law Firm at 317-632-3642 for expert legal assistance and remember—always plead the fifth!