What is House Arrest?
House arrest allows a criminal defendant to stay in their home instead of sitting in jail. House arrest is sometimes ordered as part of someone’s sentence, but it can also be ordered for a defendant who is awaiting trial or other proceedings as their case moves forward through the courts.
In Philadelphia, house arrest typically involves wearing an electronic ankle bracelet, which enables the Electronic Monitoring Unit of the Philadelphia Adult Probation and Parole Department to monitor the individual’s movements and ensure compliance with the Court’s restrictions.
Am I Eligible for House Arrest?
House arrest may be considered when:
The court believes it would be a good alternative to incarceration;
The individual has a stable home environment (and does not live with anyone else currently on house arrest or probation);
The individual agrees to abide by all house arrest conditions.
House arrest eligibility is determined by the judge, so no one is guaranteed to receive it, and not everyone will qualify. It’s important to consult with an experienced criminal defense attorney who can assess whether house arrest is a viable option for your specific case.
How Does House Arrest Work in Philadelphia?
If you are granted house arrest, you will have to agree to abide by various conditions as determined by the Court. Violating any of these terms could potentially mean serving jail time instead of in your home, either pre- or post-trial. These conditions vary case-by-case, but generally include requirements to:
Stay within your home, with strictly predetermined exceptions for you to go to work, appointments, or do certain life tasks like grocery shopping;
Either be employed, be enrolled in an educational or training program, or be actively seeking employment;
Meet face-to-face with your supervising officer multiple times a month;
Have multiple “collateral contacts” each month, where your supervising officer will have a telephone conversation with either you or a person in your life, such as your employer, teacher, or drug and alcohol counselor;
Submit to regular drug testing, if applicable.
Can I Work While I’m On House Arrest?
Most of the time, yes! Every case is different, and it is up to your judge and probation officer to determine the specifics of where you can go and when while you are on house arrest. But work, medical appointments, and educational programs are some of the common reasons defendants are allowed out of the house. You are also usually allowed to meet with your legal defense team to discuss your case, as long as arrangements are worked out ahead of time with your assigned house arrest officer. If you ever have questions about what you are (or are not) allowed to do while on house arrest, your assigned house arrest officer should be able to tell you.
Our Team’s Success with House Arrest
A recent Kenny, Burns & McGill client was facing $300,000 bail for an alleged shooting in Philadelphia. Criminal Defense Attorney Thomas Kenny successfully argued that the shooting was a potential act of self-defense, and the judge allowed our client to return home to his grandmother, just in time for his birthday. This decision allowed our client to remain at home while the case proceeds through the rest of the criminal justice system, rather than spending time in jail.
We also have experience getting people released from house arrest. In another case, a client already serving house arrest expressed to us that he was having difficulty finding new employment and moving forward with his life. We filed a motion to terminate the house arrest, arguing that this would allow our client to seek new professional opportunities. After a thorough hearing, the Court granted our motion, releasing our client from the restrictive conditions of house arrest.
Do I Need a Lawyer to Get House Arrest?
Navigating house arrest in Philadelphia requires a deep understanding of the local court system and the specific requirements of the house arrest program. An experienced criminal defense team can help you:
Determine if house arrest makes sense for your specific situation;
Present a strong argument for house arrest to the Court;
Navigate the legal process to achieve the best possible outcome.
At Kenny, Burns & McGill, we have decades of experience handling house arrest issues. Whether you’re facing criminal charges or seeking to modify an existing house arrest sentence, our team is here to provide the guidance and support you need.
If you or a loved one is facing the possibility of house arrest, contact us today to discuss your options. We are dedicated to providing excellent representation and careful guidance through the criminal justice system.
