The Community Control supervision program, commonly referred to as “house arrest,” is a type of diversion program used as an alternative to imprisonment for eligible offenders. House arrest in Florida is by no means a way for offenders to “get off easy,” but rather a way for them to receive their punishment and work towards rehabilitation, while still being able to earn a living and live with their loved ones.
Florida Statute § 948.10 provides: “This complementary program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated. The program shall focus on the provision of sanctions and consequences which are commensurate with the seriousness of the crime.”
Only certain offenders are eligible for house arrest. To learn if you may qualify and for help requesting house arrest in lieu of imprisonment, call Goldman Wetzel and speak to our criminal defense lawyers in St. Petersburg today: 727-828-3900.
What does house arrest in Florida entail?
Florida Statute § 948.001(3) defines community control as “a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.”
House arrest is an intensive program that confines the offender to his or her home for the majority of the time. Courts assign house arrest as a cost-effective means for offenders to build accountability and responsibility without removing all personal freedoms.
Who is eligible for house arrest in Florida?
The state designed house arrest for certain offenders with a strong employment history. Many of the people approved for house arrest are first-time offenders, non-violent offenders, and juvenile offenders convicted of crimes for which imprisonment seemed too harsh of a penalty, but probation too lenient.
Pursuant to Fl. St. § 948.10, the courts and the Florida Commission on Offender Review may use the community control program for offenders who fit one of the following three target groups:
- “Probation violators charged with technical violations or misdemeanor violations.
- Parole violators charged with technical violations or misdemeanor violations.
- Individuals found guilty of felonies, who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.”
If you have been arrested for a misdemeanor or non-capital felony, or have violated your parole or probation, you need an attorney to advocate on your behalf. Goldman Wetzel will fight for your best interests and take any available means to prevent you from serving jail time.
What rules must I follow while on house arrest in Florida?
House arrest is certainly better than imprisonment, but it is no cakewalk. There are strict terms that the state expects you to comply with. Throughout your term, you will need to stick to your responsibilities and stay out of trouble. Violating the terms will mean additional consequences. Some of your responsibilities while on house arrest include the following:
- Report at given times, directed by your Community Control officer.
- Promptly report any potential changes in your schedule to your officer.
- Fill out a weekly schedule to give your officer.
- Fill out a daily log with hourly accounts of where you were and when, needs to match up with the schedule you made.
- Attend appointments with your officer.
- Undergo drug tests.
- You must request permission to leave your house for any reason. You must give your officer advance notice of any doctor’s appointments (you need a note from your doctor).
You cannot go out and visit with family or friends, or go on vacation, but you can work, go to school, do your community service, go to worship services (no social events), and participate in other preapproved activities.
House arrest confines you to your house and yard. If you live in an apartment complex, you cannot go to common areas like the pool, rec room, or mail area.
Call Goldman Wetzel for help requesting or “rolling over” house arrest in St. Petersburg.
Our criminal defense lawyers work together on each case, pooling their experience and knowledge to help our clients navigate the criminal justice system. We can help you pursue alternative punishment options such as diversion programs, probation, and house arrest.
If you are already on house arrest, we can file a motion to request that your house arrest be “rolled over” into probation early. For example, if your sentence is two years of house arrest followed by two years of probation, we can file a motion after one year of house arrest asking that it be converted to probation early. And if you need to travel or attend an important event like a graduation ceremony or funeral, we can file a motion to ask the judge to allow it.
Contact Goldman Wetzel in St. Petersburg at 727-828-3900 for a free consultation with our attorneys.
You cannot go out and visit with family or friends, or go on vacation, but you can work, go to school, do your community service, go to worship services (no social events), and participate in other preapproved activities. House arrest confines you to your house and yard.What is typically a condition of house arrest? ›
Under house arrest, offenders must remain at home with specific allowances for religious services, medical emergencies, and treatment. Offenders are not allowed to shop, work or have visitors outside specified hours.What's the longest you can be on house arrest? ›
How Long Can House Arrest Last? The time a person is on house arrest depends on the crime committed. The sentence may be only for two weeks for lesser crimes, whereas for more serious offenses, it could see the offender under home detention for twelve months.What are the rules for home detention? ›
Home detention is both a punitive and rehabilitation sentence. It requires an offender to remain at a suitable and approved residence at all times and be monitored 24 hours a day, seven days a week. Offenders on home detention must also complete programmes designed to address the causes of their offending.What are the pros and cons of house arrest? ›
Advantages of home detention include cost-effectiveness, flexibility, achievability, and its potential for use at any stage of the criminal justice process. Its disadvantages include its initial costs, the opportunity for escape or criminality, community opposition, and potential loss of in-home equipment.What crimes get you an ankle bracelet? ›
- Driving under the influence.
- Minor drug or alcohol offenses.
- Nonviolent sex offenses.
- Unlawful immigration.
The primary goals of pretrial house arrest are to guarantee that the defendant shows up at trial, to ensure public safety, to reduce jail overcrowding, and to reserve jail space for the most dangerous or untrustworthy defendants.How far can you go with ankle monitor? ›
RF monitoring is primarily “curfew monitoring.” With RF, a participant wears an ankle bracelet and places a home monitoring unit in his or her home. The unit can be set to detect a bracelet within a range of 50 to 150 feet. When a bracelet comes in range of the unit, the unit sends a notice to the monitoring center.How long does a ankle monitor stay on? ›
The SCRAM GPS monitor is a device that is worn on the ankle 24 hours of a day, seven days a week and monitors location as well as any abnormality with the device.How do I get off my ankle monitor early? ›
The bracelet is usually attached to your ankle. In order to have the bracelet removed legally, you need to petition the court to remove it. Because each situation is different, you should meet with an attorney.
Don't Tamper With the Monitor
The absolute most important rule about wearing a GPS ankle monitor is that the offender does not attempt to take it off. There is no reason to take off the monitor, as it is waterproof and tamper-resistant.
During pre-trial, home confinement is an alternative to detention used to ensure community safety. In post-conviction cases, home confinement is used as punishment, a lesser punishment than prison but harsher than regular supervision.What is home confinement law? ›
Home confinement restricts the freedom of juvenile offenders by requiring them to remain at home during specified timeframes, such as at all times, at all times except when in school or working, or at night—that is, curfews (Austin, Johnson, and Weitzer 2005).What happens in house arrest? ›
House arrest is a sentence in which offenders are ordered by the court to remain confined in their residences, usually allowed to leave only for medical and employment reasons. In at least 20 States, electronic bracelets are used to detect house-arrest violations.Can you get good behavior in house arrest? ›
Unlike in jail, you cannot earn “good time credit” on house arrest. Furthermore, you are not eligible for a reduced sentence for good behavior while under house arrest.Is house arrest good or bad? ›
Home confinement allows the accused to retain more privacy than if he or she were incarcerated. Those on house arrest can also continue to maintain relationships with family and friends. The benefits of house arrest are numerous, yet this sentencing option is not always offered by the prosecution.What is house arrest typically used as quizlet? ›
House arrest is typically used as: The initial phase of intensive probation or parole. The majority of correctional clients currently under house arrest are fitted with electronic monitoring devices.How much time do you get for cutting off an ankle monitor? ›
Penalties for Tampering with an Ankle Bracelet
If you are convicted of a third-degree felony because of altering or removing an ankle bracelet, then you can be punished with up to 5 years in prison and up to a $5,000 fine.
At the end of House Arrest Levi and his mother fly to Cinncinatti, Ohio to have a life saving surgery performed. This also happens in Holt's story, but we find out that her son had survived the surgery.How does house arrest bracelet work? ›
They are commonly worn by defendants who have been sentenced to house arrest or those who are on parole or probation. The monitor works by transmitting the location of the person wearing it via GPS. This way, law enforcement is able to track them and make sure they are in compliance with their court orders.
House Arrest and Work-Release Privileges
People who have regular, gainful employment may be permitted to go to work for particular hours every day as part of their court-ordered house arrest. But work release comes with rules—lots of them. Anyone who breaks those rules can be arrested and re-incarcerated.
On this page you'll find 4 synonyms, antonyms, and words related to house arrest, such as: close arrest, preventive custody, protective custody, and purdah.Can you drink on probation in PA? ›
Drinking alcohol may be permitted in some cases, but not when the person has a specific offense related to alcohol. One example of this is DUI probation. Even when it is allowed, drinking while on probation can increase the chances of committing a second crime.