A conviction for driving under suspension, driving under the influence (DUI) or other non-violent criminal offenses in Montgomery County PA often results in jail time, significant fines and costs and a loss of employment. If you are the primary breadwinner in your family, a jail sentence can have a devastating effect on your children, your spouse and other family members.
Montgomery County House Arrest
Fortunately, the Montgomery County Probation and Parole Department offers an alternative to jail: an intermediate punishment program that allows qualified non-violent offenders to serve their sentences on house arrest. House arrest is also known as home detention, electronic home monitoring or home confinement.
Benefits of House Arrest
Through court-ordered placement in the house arrest program, you can support your family by continuing to work. You can also receive drug and alcohol treatment and participate in other approved activities that promote your recovery and rehabilitation. In addition, participation in the house arrest program can allow you to maintain contact with your family and receive their support while you serve your sentence.
Montgomery County House Arrest Attorney
I have over a decade of experience assisting individuals with house arrest placement for DUI, driving under suspension and other offenses in Montgomery County, Pennsylvania. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.
Montgomery County PA House Arrest Eligibility
The Montgomery County Pennsylvania House Arrest Program is managed by the Montgomery County Probation and Parole Department. Admission into the house arrest program is discretionary and requires the approval of both the sentencing judge and the Montgomery County Probation and Parole Department. The Montgomery County Probation and Parole Department administers the house arrest program for qualified individuals who have an address within Montgomery County, Pennsylvania.
Montgomery County PA House Arrest Placement
In most cases, an individual eligible for home confinement will be placed on house arrest by the sentencing judge after that individual enters a guilty plea at the Montgomery County Court of Common Pleas. Individuals admitted into the house arrest program must return to the Montgomery County Adult Probation and Parole Department in Norristown, Pennsylvania within approximately 2 weeks of sentencing for the house arrest orientation program. During this orientation meeting, persons approved for house arrest placement learn the rules and regulations of the house arrest program.
Pennsylvania House Arrest Rules
Individuals approved for the house arrest program must comply with all the rules and regulations of the program to remain eligible for completion of their sentence on home confinement. The Montgomery County House Arrest regulations require that the residence be free of alcohol, non-prescribed drugs and firearms. Individuals placed on house arrest are subject to unscheduled house visits by the probation department. These visits may involve random testing for drugs and alcohol.
Which Offenses Qualify for Montgomery County House Arrest?
The Montgomery County House Arrest Program is available to eligible individuals convicted of DUI, driving under suspension or other non-violent criminal offenses. House arrest placement can be considered an alternative to incarceration for the following Pennsylvania Vehicle Code offenses:
- 1st offense DUI
- 2nd offense DUI
- 3rd offense DUI
- Driving under suspension (6th offense)
- Driving under suspension DUI-related
Disqualifying Offenses
House arrest eligibility is governed by 42 Pa. C.S.A. § 9802. Individuals convicted of, or adjudicated for, a crime requiring sex offender registration are not eligible for placement on house arrest. An individual with a current or prior conviction for certain offenses within the last 10 years is not eligible for house arrest. These offenses include:
- Aggravated assault
- Assault by a prisoner
- Kidnapping
- Burglary graded as a 1st degree felony
- Arson
- Robbery
- Escape
The option of placement of house arrest is not available to individuals who may otherwise pose a risk to community safety or to persons considered flight risks.
What is the Cost of House Arrest?
Participants who qualify for the Montgomery County House Arrest Program must pay a $12 daily fee to offset the program’s administrative costs. Individuals do not have to pay this $12 daily administrative fee upfront; it is added to the court costs the individual must pay as part of the sentence in his or her case.
Which Activities are Permitted on House Arrest?
The ability to serve your jail sentence on house arrest offers many benefits. It allows you to maintain your employment and close ties to your family members. The Montgomery County Adult Probation and Parole Department requires an affidavit of proof of employment from your employer. Examples of activities permitted on house arrest include:
- Permission to travel to and from your job
- Participation in drug and alcohol counseling
- Participation in mental health counseling
- Participation in religious services
- Attendance at court hearings
- Permission to participate in other court-approved activities
House Arrest Ankle Bracelets
Each participant admitted into the Montgomery County PA House Arrest Program must wear a Global Positioning System (GPS) bracelet while serving his or her sentence. The GPS monitoring device will transmit the participant’s location to the probation department at any given time. The GPS device can be set to indicate specific geographic areas where the participant is prohibited from traveling while wearing the device. If you travel outside the designated zones or violate other conditions of the program, the bracelet will send an alert to the probation department.
What Happens if I Violate the House Arrest Rules?
All participants in the Montgomery County PA House Arrest Program receive a list of program rules and regulations prior to their placement in the program. A violation of any conditions can result in removal from the program, additional penalties and a return to jail to complete the remainder of one’s sentence. Examples of violations of house arrest rules include: the presence of alcohol, illegal drugs or weapons in the home; the consumption of alcohol or illegal drugs; leaving one’s residence or work site without authorization; and tampering with the GPS device.
Can I receive House Arrest Outside of Montgomery County PA?
Under certain circumstances, the Montgomery County Adult Probation and Parole Department will approve house arrest placement for Montgomery County offenders living in approved addresses in Bucks, Berks, Lehigh and Northampton Counties. The outside county accepting the house arrest placement will monitor the participant on behalf of the Montgomery County Probation and Parole Department.
Start With a Strong Defense
If you or a loved one want to be considered for the Montgomery County PA House Arrest Program for driving under suspension, DUI or other criminal offenses, do not hesitate to contact me. I am among the most experienced Montgomery County PA DUI attorneys. I can help determine whether you are eligible for house arrest or other sentencing alternatives that do not require incarceration. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.
