How to Request House Arrest

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: November 2, 2021 References

With house arrest, you are confined to your home instead of being sent to jail. People typically request house arrest before trial as a condition of bail or after they have been convicted of a crime as punishment. The exact details of your confinement will differ depending on the circumstances. For example, some people can leave their homes to attend religious services and even to work. In order to ask for house arrest, you should first check whether you even qualify. Then you need to ask the judge for it.

Part 1

Part 1 of 3:

Checking if You Qualify for House Arrest

1
Analyze your criminal record. Not everyone is eligible for house arrest. However, you are more likely to get house arrest if this is your first offense.^{[1]
X
Research source} Review your criminal history to see if you would make a good candidate.
2
Check if you were arrested for a violent crime. You are less likely to get house arrest if you were arrested for a violent crime, such as battery, aggravated assault, rape, etc.^{[2]
X
Research source} However, if you were arrested for a non-violent offense, such as drug possession, then you are more likely to qualify.
- House arrest is often ordered for people convicted of a DUI offense, so long as you didn’t crash and hurt someone.
Advertisement
3
Look at other factors. A judge will typically analyze a variety of factors when deciding whether to give you house arrest. For example, a judge will look to the following:^{[3]
X
Research source}
- If you are a juvenile. Juveniles under the control of their parents are more likely to get house arrest.
- Whether going to jail seems like an excessive punishment, but parole seems too lenient. In some situations, house arrest will be the ideal punishment.
- Whether you are employed and have a steady record of employment. House arrest might allow you to continue to work.
- Whether you have home care responsibilities, such as for children or an elderly adult.
4
Ask your lawyer. You should have a lawyer representing you. You might have hired someone or been given a public defender if you are low-income. Ask them if you qualify for house arrest and whether you should request it.
- If you want house arrest as a condition of bail, then discuss whether you might qualify for being released on your own recognizance instead. This means that you promise the court to attend all of your hearings but don’t have to post money.^{[4]
  X
  Research source} Ask your attorney if you qualify. There’s no reason to request house arrest if you qualify for release on your own recognizance.

Part 2

Part 2 of 3:

Requesting House Arrest as a Condition of Bail

1
Attend your bail hearing. At the hearing, your lawyer will argue why you should be released and given house arrest. The judge will be most worried about whether you are a flight risk. Accordingly, the judge will look most closely at the following:^{[5]
X
Research source}
- Your connections to the community, including your family or jobs. If you have strong connections, then bail is more appropriate.
- Your risk to the community. If you have been accused of a violent crime, then you are more likely to be a risk and less likely to qualify for bail.
- Your criminal history. The longer your criminal record, the less likely you are to get bail.
2
Have people testify. You might need to have witnesses testify on your behalf during the bail hearing. Witnesses may be necessary because judges don’t generally just believe anything you say. Instead, you might need the following people to testify:^{[6]
X
Research source}
- Your boss, if you are employed.
- Family members, if you are responsible for taking care of children or elderly parents.
- Counselors or doctors, if you are in treatment.
- Teachers, if you are in school.
3
Receive the judge’s decision. After hearing from you and the prosecutor, the judge will decide whether to grant house arrest as bail. The judge might also set other conditions, such as paying an amount of money into the court.
4
Pay money into the court. Often, you have to post money in order to be released on bail. For example, the judge may order that you post $50,000. If you have that amount in cash or other assets, you can sometimes pay directly into the court. If you show up to every hearing and the trial, then you can get the money refunded.
- You also might be allowed to post a bail bond, depending on your state. With a bail bond, you pay about 10% of the face value of the bond. If the bond is for $50,000, then you pay $5,000. However, at the end of the trial, you don’t get the amount you paid refunded.
5
Get your bail conditions. There may be other conditions you have to meet in addition to house arrest. You should make sure that you have a copy of all conditions so that you can follow them.
- If you slip up, then you can be arrested and sent to jail. The judge might not allow you to get back out on a new bail.

Part 3

Part 3 of 3:

Asking the Judge for House Arrest as Punishment

1
Talk to the prosecutor. The prosecutor can recommend a sentence to the judge. You should have your lawyer talk to the prosecutor and check if they are willing to recommend house arrest as your punishment.
2
Read the presentence report. In many courts, a probation officer will create a presentence report for the judge to read.^{[7]
X
Research source} The report generally recommends a sentence and explains why it is appropriate. The probation officer prepares the report after interviewing you and the victim. After reading the report, your lawyer will be able to argue for or against the recommended sentence.
- Your lawyer will point out factual mistakes made in the report. For example, the report might wrongly claim that you have a longer criminal history than you do.
- You can also supplement the presentence report. For example, you might not have been in a drug treatment program when you met with the probation officer. If you enrolled after the meeting, then your lawyer can bring this information to the judge’s attention.
3
Gather witnesses or other documents. You can have witnesses testify during the sentencing hearing.^{[8]
X
Research source} If a witness can’t attend, then you can have them write an affidavit.
- For example, you could have a boss sign an affidavit stating that you are needed at your job. Talk with your lawyer about what witnesses would be helpful.
- If you take care of a relative, you can have that relative come to court, if possible.
4
Attend your sentencing hearing. At the sentencing hearing, both the prosecutor and your lawyer get to argue about what the appropriate sentence should be. The victim might also be able to make a statement.^{[9]
X
Research source}
- You can also talk. Your role will depend on whether you have a lawyer or not.
- If you do have a lawyer, then your role will be limited to expressing regret for the crime.
- If you don’t have a lawyer, then you will also need to make a legal argument about why you deserve house arrest.
5
Express regret for the crime. The best thing you can do is express remorse for the crime.^{[10]
X
Research source} You shouldn’t make excuses or claim that you are innocent. Instead, you should say that you are sorry.
- You can say, “I know I’ve done a terrible thing. And I take full responsibility. I should never have driven after drinking alcohol, and I promise I won’t do it again.”
6
Explain why you deserve house arrest. Your lawyer should go down through each factor and explain to the judge why you qualify for house arrest. If, for some reason, you don’t have a lawyer, then you will have to make this argument to the judge.
- Remember to support each argument with facts. For example, you can say, “You heard from my boss that I have worked for the company for seven years and that I am an important manager. To keep my job, I would like house arrest.”
7
Follow the rules of house arrest. The judge will tell you the conditions you must meet with house arrest. For example, the judge might allow breaks for you to go to work or to medical appointments.^{[11]
X
Research source} Make sure that you follow all of the conditions. If you don’t, you’ll end up in jail.
- Typically, you will have to wear a monitoring device. You will probably also have to pay some money to defray the costs of using the device. In many counties, the amount you pay will depend on your ability to pay.
- Keep in mind that there is no early release for good behavior. Instead, if you are given 120 days of house arrest, you will have to fulfill all 120 days.