A Bit of Perspective on Home Detention a/k/a House Arrest
In certain instances, the court may choose to impose a sentence of home detention rather than a jail (or prison) sentence for a person who is convicted of a crime. As experienced criminal law attorneys, some of the complaints we often hear from our clients about home detention is “how hard it is to be on house arrest” or frustration filled rants about “all of the stupid rules that I have to follow.” We understand. It isn’t easy. It isn’t intended to be.
We’re here today to offer a bit of perspective and a reality check.
If you have been placed on home detention—no matter what routines you must adhere to, or rules you must follow—it sure beats being in a jail cell. Doesn’t it? While the requirements of your home detention may feel tedious or burdensome, these things that you must do are technically a privilege, when compared against sitting behind metal bars in a cell, with a metal bedframe, and exposed toilet, while wearing a prison jumpsuit.
We realize that taking routine drug tests, sitting through an anger management course, mental health evaluations/treatment, or listening to an educational drug class may not be something you want to do. But, if it is a term of your home detention, it is a requirement. The same is true of checking in with your probation officer at regular intervals or sitting through classes you’d rather not take. These are all a part of the privilege of being at home, rather than in jail. In reality, your home is your jail cell. But it is a much nicer jail cell than a cell provided by the county or state.
If you aren’t sure if you can or should do something while you are on home detention—it is always best to not do it, until you check in with your probation officer or attorney to ensure that it won’t be a violation of what is expected of you. The courts tend to adhere to a mindset of “ask for permission, not forgiveness” in these types of situations. Being placed on home detention as a method of punishment is viewed by courts to be a privilege as compared against the alternative of serving prison or jail time. For this reason, courts typically are not lenient when rules are broken, requirements are not met, or there is a failure to adhere to set expectations.
So, anytime you or a loved one feel frustrated about the grind of “being on house arrest,” just remember—it sure beats sitting in a jail cell.
If you ever need help navigating your criminal charge, call The Nice Law Firm at 317-269-3500. We’re here to help!
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