Everything You Need to Know About House Arrest in Arizona
If you’ve been convicted of a crime as a defendant in Arizona, you might wonder if you can serve your sentence outside of jail. The short answer is that, in some cases, you can. Arizona law allows certain offenders to serve at least part of their sentence under house arrest, also called home detention in certain contexts.
This option allows you to remain in your community while serving your sentence under strict monitoring and supervision. However, it’s not available to everyone, and violating its conditions can have serious consequences. Learning about how house arrest works in Arizona can help you make informed decisions about your case and how best to move forward.
What Is House Arrest in Arizona?
House arrest is a type of sentencing alternative that allows you to serve your time at home instead of in jail. It is designed to alleviate overcrowding in jails and provide low-risk offenders with the opportunity to continue working, attending school, and caring for their families.
In Arizona, house arrest programs are authorized under A.R.S. § 11-459 (for misdemeanor offenses) and other similar statutes that allow counties to establish these options. These programs are run by local governments and supervised by probation departments or sheriff’s offices.
During house arrest, you are confined to your residence but may be granted limited permission to leave for approved purposes, such as:
- Work
- Medical appointments
- School
- Court-ordered counseling
- Treatment programs
- Religious services
- Community service
Generally speaking, outside of those exceptions, you must remain at home and comply with all rules of supervision.
How Does Arizona’s House Arrest Program Work?
If you’re sentenced to house arrest in Arizona, you’ll typically be required to wear an electronic monitoring device that tracks your location 24/7. This device uses GPS or radio signals to ensure you stay within your permitted boundaries.
You’ll also have to follow strict rules, such as:
- Staying within designated areas at approved times
- Refraining from alcohol and drug use
- Checking in with your supervising officer
- Allowing unannounced home visits
- Paying supervision and equipment fees (if required)
If you fail to meet these conditions, the court can revoke your house arrest and, from there, potentially order you to serve the rest of your sentence in jail.
Who Qualifies for House Arrest in Arizona?
Not every offender can qualify for house arrest. Eligibility depends on several factors, including your criminal record, the nature of your offense, and your behavior while in custody.
Keep in mind that every case is unique at the end of the day, but you may be eligible for house arrest if you:
- Are convicted of a non-violent offense
- Do not present a flight risk
- Have a stable place of residence
- Agree to electronic monitoring and supervision conditions
- Have the consent of any other residents living in your home
However, note that some violent crimes (like homicide), sexual offenses, and certain drug crime charges usually disqualify a person from house arrest. Repeat offenders or those with a history of probation violations are also less likely to be approved.
The court and probation department evaluate each case individually before making a decision. Having an experienced defense attorney can greatly improve your chances of qualifying.
House Arrest vs. Probation
Many people confuse house arrest with probation, but they are not the same thing. While both involve serving time outside of jail, they differ in purpose and the restrictions imposed.
House arrest is a form of confinement. You are still serving your sentence, just in your home instead of behind bars. It usually includes electronic monitoring and limited freedom of movement.
Probation is a period of court supervision that can follow a jail sentence or be ordered instead of one. It may require regular check-ins, drug testing, and counseling, but it does not necessarily include 24-hour monitoring.
In some cases, house arrest can be a condition of probation, meaning you serve part of your probation term under electronic monitoring before moving to less strict supervision.
What Are the Benefits of House Arrest?
House arrest offers several advantages for qualifying offenders and their families, including:
- Maintaining employment: You can continue to work and earn income while serving your sentence.
- Family stability: You can stay with your family and help care for your children, if you have any.
- Reduced incarceration costs: It’s less expensive for the state than housing inmates in jail.
- Access to rehabilitation: You can continue counseling, education, and treatment programs more easily.
- Lower risk of exposure to violence or illness: Serving time at home is generally safer and more comfortable than being in jail.
These benefits also align with Arizona’s goals of rehabilitation and reducing recidivism among non-violent offenders.
What About the Potential Drawbacks?
While house arrest is less restrictive than jail, it comes with strict obligations. If you violate any of the conditions, even unintentionally, the consequences can be serious.
Violations may include:
- Leaving your home without authorization
- Tampering with and/or removing your ankle monitor
- Using alcohol and drugs
- Failing to report to your supervising officer
- Committing another crime while on house arrest
If a violation occurs, the supervising agency may immediately alert the court and law enforcement. You can be arrested and brought back to jail to serve the remainder of your sentence. In some cases, additional charges may also be filed, although that is relatively rare.
How a Criminal Defense Lawyer Can Help You Evaluate Your Options
If you’re facing criminal charges, a skilled Arizona criminal defense lawyer can help determine whether house arrest is a viable possibility in your case.
Your attorney can take various steps to that end, such as:
- Negotiate with the prosecutor for a sentence that includes house arrest
- Present evidence showing you are a low-risk candidate
- Help you prepare for eligibility screenings or interviews
- Explain your rights and responsibilities under house arrest
- Represent you if a violation is alleged or if you’re accused of breaching the conditions
An attorney’s support can make a significant difference in your ability to stay out of jail and complete your sentence successfully at home.
Contact a Respected Arizona Criminal Defense Lawyer for Legal Guidance
House arrest can be an alternative to incarceration for qualifying offenders in Arizona, but it requires careful compliance and legal guidance from the get-go.
If you’ve been charged with a crime and are hoping to serve your sentence through house arrest, contact an experienced Arizona criminal defense lawyer at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Visit Our Criminal Defense Law Office in Tucson, AZ
177 N Church Ave # 900, Tucson, AZ 85701
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