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5 Things You Need to Know About Home Confinement

February 16, 2022 | Posted In Criminal Law

Although it is often strongly preferred to institutional incarceration, it is important to know that being sentenced or subject to a period of home confinement is not as easy or simple as it may sound. If you are on home confinement, you are still being monitored and are a part of the state criminal justice system. While you cannot be monitored with a GPS device anymore in New Jersey, home confinement and its monitoring process must be taken as seriously as institutional confinement. 

If you are on home confinement or desire to be on home confinement, reach out to the attorneys of Helmer, Conley & Kasselman. Our New Jersey criminal lawyer has extensive experience with the New Jersey criminal law system, and our team has broad and insightful perspectives on the home confinement process and experience.

Certain Criminal Charges Do Not Allow for Home Confinement

Home confinement is similar to other alternative sentencing and pre-trial intervention programs in that they are not available as an option for all persons facing criminal charges. Some charges are so serious that the state will not permit persons charged with these crimes to be allowed back into society, even if it is only in their homes. For example, serious felonies such as rape or murder would never allow for the home confinement of a suspect.

The Court Must Determine That Home Confinement Serves an Appropriate Purpose in Your Case

Judges do not always grant home confinement, even when it is a possibility. For example, in a Camden County court case, defendants who were guilty of driving with a suspended license due to a history of DUI convictions were not permitted to serve their sentences on home confinement The Court determined that home confinement would not be able to protect the population from their repeated criminal driving activities in the same way that incarceration and removal from society would. 

You Will Be Subject to Monitoring Technology

Home confinement involves location monitoring through wearing an ankle bracelet. This means that everyday tasks such as going outside to check your mailbox or walking across the street to greet a neighbor could cause problems. When you leave the radius of your home confinement, your ankle monitor will alert authorities of your violating the terms of your home confinement.

You Need to Keep the Court Fully Informed of Your Movements

If you must leave your home confinement site for a compelling reason, you need to notify law enforcement and receive advance permission. Doing otherwise may be viewed as contempt of the legal system, and you could face penalties such as being removed from home confinement entirely.

You Can Receive a Combined Sentence for Home and Institutional Confinement 

Home confinement is not an exclusive punishment. You can receive a “split” sentence at a judge’s discretion. It is not unheard of for persons convicted of certain crimes to have to serve a certain period of time in county jail, and then spend a certain period of time immediately afterward in home confinement in order to complete their sentence.

Speak to a New Jersey Criminal Lawyer About Home Confinement and Your Case

Home confinement may seem like an attractive option, but it may not be the right option for you. To fully understand your rights and options in proceeding with your criminal case, consult with a New Jersey criminal lawyer at our firm. We have worked with clients who have both succeeded and not succeeded under New Jersey’s terms for home confinement and can offer an informed, strategic perspective tailored towards your long-term goals and lifestyle. Empower yourself to make the best possible decision you can make for your life and future in trying circumstances. Contact us now. 

Over 20 attorneys at HCK have extensive experience in defending criminal cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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