It may seem farfetched to think that the court would allow someone who has been convicted of a crime to serve their sentence at home, but it’s true. Home detention, or house arrest, is an actual alternative sentence in Colorado. Here’s what you need to know about it:
What is Home Detention?
A defendant who is sentenced to house arrest will serve all or part of his sentence in his home as opposed to in jail or prison. If a defendant is put on house arrest, he must remain inside his home at all times until he has completed his sentence. However, there are several exceptions to this rule. The court allows defendants to leave their home to attend work or school and to seek medical attention. The court will also allow the defendant to leave if he is attempting to find work.
Even when the defendant is allowed out of his house, he is still being monitored by law enforcement. In fact, he will be ordered to wear an electronic monitoring device at all times so law enforcement can ensure he is complying with the terms of house arrest. If the defendant violates the terms of home detention by leaving the house for an unapproved activity, the electronic monitoring device will immediately alert law enforcement. A violation–even if it’s the first one–could cause the judge to revoke the home detention and impose additional penalties on the defendant.
Who Qualifies for Home Detention?
It is safe to assume that all criminal defendants would prefer serving their sentence at home instead of behind bars. But unfortunately, many defendants will not qualify for home detention.
The law states that defendants who are charged with or convicted of misdemeanors, felonies, contempt of court, and failing to pay a fine are eligible for house arrest. This does not include defendants who are charged with or convicted of violent crimes, sex crimes, or domestic violence.
All of these defendants may qualify for house arrest, but this does not mean they will all receive this sentence. Ultimately, it is up to the judge to determine if this is an appropriate sentence on a case-by-case basis.
If you have been charged with a crime, contact Reisch Law Firm as soon as possible. Our criminal defense attorneys will work tirelessly to achieve the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
