Everything You Need to Know About House Arrest
House arrest is an alternative to jail that Alabama courts sometimes use for certain defendants. While it may sound simple on the surface, the rules can be strict, and a violation can quickly result in a person being sent to jail. Before deciding on house arrest, you should understand how the system works and its legal requirements.
What Is House Arrest in Alabama?
House arrest, also referred to as “home confinement,” keeps someone at home instead of in jail. It is most often used for:
- First-time offenders
- Non-violent misdemeanor and some felony convictions
- People awaiting trial who are considered low-risk
Instead of sitting in a county jail, a person on house arrest must stay in their approved residence and follow a long list of conditions set by the court or probation department.
Most programs require electronic monitoring, meaning the person must wear an ankle bracelet that tracks their location at all times. Some counties also use random drug tests or check-ins to make sure the person is following the rules.
Who Qualifies for House Arrest?
Eligibility for house arrest depends on various factors, including, but not limited to, the nature of the charges in question.
Alabama law allows judges to consider home confinement for many situations, including for adults and juveniles, but they usually look at:
- Whether the offense involved violence
- The person’s prior criminal record
- Their job, school, or childcare responsibilities
- Their risk of failing to appear in court
- Whether they have a stable place to live
Judges have broad discretion when deciding whether to grant house arrest. In many cases, a defense lawyer can present arguments that demonstrate why house arrest is a more suitable alternative to jail time.
What Are the Rules of House Arrest in Alabama?
The exact rules vary from county to county, but most programs include several strict requirements. These may include:
- Staying inside your home unless you have pre-approved travel
- Obeying curfew restrictions
- Wearing an electronic monitor
- Avoiding alcohol or drugs
- Meeting regularly with a probation officer
- Keeping a job or attending school if required
Some courts may also allow the person to go to work and/or engage in other limited, approved activities, such as medical appointments.
What Happens if Someone Violates Their House Arrest?
Violating house arrest is taken seriously. Depending on the situation, the court may:
- Issue a warning
- Add new restrictions
- Extend the length of house arrest
- Revoke house arrest entirely and order jail time
Minor violations, such as being late returning from work, can result in penalties like these. More serious offenses, however, such as removing the ankle monitor entirely, could likely result in an immediate arrest.
Is House Arrest Better Than Jail?
For most people, yes. House arrest allows individuals to continue working and caring for their children, as applicable to the situation. It also helps people avoid the dangers and overcrowding that are common in many Alabama jails.
However, the rules can feel restrictive, and the electronic monitoring fees can add up. Some counties require people to pay daily monitoring costs, which can be a financial challenge over time.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation With a Birmingham Criminal Defense Lawyer
House arrest can be a good option for many people facing criminal charges in Alabama, but it’s far from guaranteed. If you need help understanding where house arrest is an option for you, reach out to a trusted Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation. They can walk you through the process and help you make informed decisions going forward.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800