Federal Way, WA asked in Criminal Law and Social Security for Idaho

Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV with a bench warrant. Mentally everything has just been too much for me to handle. Between just getting my service dog and paying for training for her, having my first apartment on my own, counseling, occupational therapy, physical health issues, and my mental capacity I just couldn't do it all. And I'm wondering if instead of doing jail time if asking for house arrest would be a possibility, so I don't lose everything I currently have.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2 for 1, which means for every day of incarceration ordered as a penalty for violating probation, home detention nets you two days. It may be more expensive though so beware of that. Finally, I have occasionally been successful in getting my PV clients off their PV charges by proving to the Magistrate's satisfaction that the client was UNABLE to have complied with probation.

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