House arrest, also known as home confinement, refers to a sentence wherein a Defendant is ordered by the Court to remain in their personal residence according to a curfew. They are often only permitted to leave to go to work.
Below, we will answer some frequently asked questions about this sentence:
When is home confinement ordered?
In Miami-Dade County, house arrest is ordered to Defendants awaiting sentencing, or as part of a Defendant’s final sentence as an alternative to being incarcerated.
Can any Defendant receive a sentence of home confinement?
Not every Defendant facing potential incarceration can obtain an order of home confinement.
A Defendant who is charged with a felony or misdemeanor and is sentenced to 364 days or less may qualify for home confinement. Defendants who potentially face incarceration in prison generally do not qualify for home confinement, as prison inmates face more than 365 days of confinement, while jail inmates face 364 or less days of confinement.
The Miami-Dade Department of Corrections and Rehabilitation only orders house arrest in cases wherein a Defendant has met their stringent criteria and has provided all necessary personal information.
What requirements do Defendants have who are sentenced to home confinement?
In order to successfully serve this type of sentence, a Defendant is most often required to do the following:
- Wear a GPS ankle monitor.
- Adhere to their Court ordered curfew.
- Follow any other terms ordered by the Judge which may include maintaining employment or attending counseling.
- Participate in random weekly visits with their assigned case manager.
- Comply with all instructions provided by their assigned case manager.
What happens if a Defendant does not follow the terms of home confinement?
In the event that a Defendant attempts to remove their ankle monitor, or disregards their curfew and leaves their residence freely, these choices will have serious consequences.
A Judge is not likely to allow a Defendant to continue to be confined to their residence if they do not adhere to the terms sentenced.
Can home confinement count towards a sentence of incarceration?
If a Defendant is charged with a less serious crime and successfully follows all terms of their home confinement sentence, a Judge may consider applying home confinement served prior to sentencing towards the final sentence.
What is the public opinion on home confinement?
Defendants facing a jury are often concerned about the public opinion on this sentence. We have found the public’s opinion is varied. Some citizens believe that home confinement is not enough punishment, while others believe it is acceptable because it reduces the jail population, therefore reducing the government funds required to maintain inmates being housed in jail or prison.
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.
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