When you are charged with a crime, you face all sorts of potential punishments, including fines, community service, and confinement. Losing your liberty and having to stay in one location for a set amount of time might seem straightforward, but people often mix up various types of incarceration. Here’s what you need to know about the differences between going to jail, going to prison, and being put under house arrest.

What Is Jail?

Jails are any sort of facility that is run by local law enforcement. Its purpose is primarily to hold onto people who are waiting for trial at a local courthouse. Jails are also used for lighter sentences. Depending on the location, jails may be used for people with misdemeanor sentences or people who are only sentenced to under a year of incarceration. However, some people end up in jails for over a year if they have multiple misdemeanor sentences that have to be served consecutively. While in jails, some people may have the option of participating in a work release program or a boot camp.

Is Prison Different From Jail?

These are two of the most frequently confused legal terms. Unlike jailing, a prison is designed for long-term imprisonment. It is run by either the state and federal government or a private company that has a contract with state or federal government. This means that there are more programs and facilities available to prisoners, and there is often more privacy within individual cells or bunks. However, residents in these areas tend to form into gangs or be generally more combative since these facilities hold more violent criminals and people with long sentences. Prisons can range from minimal security halfway houses to maximum security institutions with strict rules and almost no privacy or entertainment.

How Does House Arrest Work?

Home arrest allows a person to serve out their sentence from within their home. They may be allowed to leave the property during a set time period to go to work and school, or they might have to stay within the house at all times. To ensure the person on home arrest remains in their required area, they have to wear a GPS device. Usually, people only have the option of home arrest if they are a first-time offender or if the crime they are in trouble for is a non-violent misdemeanor. You may be able to ask for home arrest as an option during your trial, or you have the potential of trying to get approval from the Sheriff’s Department for house arrest while you are already jailed. Unlike other forms of imprisonment, there is normally a fee that people on home arrest have to pay for the monitoring and equipment.


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Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J.Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.