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What happens during a House Arrest?

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What are the limits? Can you go to work, dental/doctor appts, family visits, church, etc? How does this monitoring system work & why is there a phone land line needed?

About Criminal Defense

Criminal defense is the area of law concerned with representing individuals (and sometimes organizations) accused of a crime by a government prosecutor. The US criminal system separates offenses into infractions (e.g. minor traffic violations), misdemeanors (punishable by up to one year in county jail), and felonies (punishable by more than one year in state or federal prison).

Every criminal defendant has constitutional rights including: the right to remain silent (Fifth Amendment), the right to counsel (Sixth Amendment — including a court-appointed attorney if you cannot afford one, per Gideon v. Wainwright), the right to confront witnesses, the right to a jury trial, and protection against unreasonable searches and seizures (Fourth Amendment).

A typical criminal case moves through these stages:

  1. Arrest and booking
  2. Arraignment — you're informed of charges and enter a plea
  3. Bail or release decision
  4. Discovery and motion practice — the defense reviews evidence and may move to suppress unlawfully obtained evidence
  5. Plea negotiation — over 90% of US criminal cases are resolved by plea bargain
  6. Trial — bench (judge-only) or jury
  7. Sentencing
  8. Appeal, if convicted

The burden of proof at trial is beyond a reasonable doubt, the highest standard in US law. The prosecution must prove every element of every charge to that standard; the defense never has to prove innocence.

Felony convictions usually carry collateral consequences well beyond the sentence itself: loss of voting rights (varies by state), loss of firearm rights, exclusion from many professional licenses, immigration consequences (deportation for non-citizens), and a permanent public record that affects employment and housing.

Many criminal cases can be resolved through diversion programs, deferred adjudication, pretrial probation, or post-conviction expungement, all of which require careful timing. Acting quickly — before charging decisions are made — often produces the best outcomes, which is why most criminal defense attorneys offer same-day consultations.

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Relevant law

  • US Const. Amend. V Rule
    Fifth Amendment right against self-incrimination
    No person shall be compelled in any criminal case to be a witness against themselves. The basis for the right to remain silent and the requirement of Miranda warnings.
  • US Const. Amend. VI Rule
    Sixth Amendment right to counsel
    The accused has the right to assistance of counsel for their defense. Applied to indigent defendants in Gideon v. Wainwright (1963).
  • Miranda v. Arizona (1966) Case law
    Required warnings before custodial interrogation
    Establishes that police must inform suspects of their rights to silence and counsel before custodial interrogation. Statements obtained in violation are inadmissible.
  • Brady v. Maryland (1963) Case law
    Prosecution must disclose exculpatory evidence
    Prosecutors must turn over evidence favorable to the defense. Failure to do so violates due process and can result in reversal of conviction.

Common questions about Criminal Defense

Should I talk to the police if they want to question me?
Generally no. The Fifth Amendment gives you the right to remain silent. Talking to investigators almost never helps your case and routinely makes it worse, even when you are factually innocent. Politely say "I'd like to talk to a lawyer first" and stop talking. This applies to any custodial interrogation, "voluntary" police-station interviews, and phone calls.
What's the difference between a misdemeanor and a felony?
A misdemeanor is punishable by up to one year in county jail; a felony by more than one year in state or federal prison. Felonies also carry significant collateral consequences — loss of voting rights (in most states), loss of firearm rights, exclusion from many professional licenses, and immigration consequences for non-citizens. Many states have "wobblers" (offenses that can be charged either way).
How do I know if my Miranda rights were violated?
Police must give Miranda warnings (right to remain silent, right to counsel) before a "custodial interrogation" — meaning you are not free to leave AND they are asking questions designed to produce incriminating answers. Violation does not get the case dismissed; the remedy is suppression of statements you made after the violation. Voluntary statements before custody, or statements not in response to questioning, are generally admissible.
Can I get my criminal record expunged?
Many jurisdictions allow expungement, sealing, or set-aside of criminal records after completing the sentence and waiting a set period. The eligibility rules vary widely — some states permit expungement of felonies after 10 years of clean record, others only misdemeanors, others almost nothing. Federal convictions are nearly impossible to expunge. The petition process is technical and benefits from attorney assistance.
Should I take a plea deal?
Over 90% of US criminal cases resolve by plea bargain because plea offers usually carry significantly lower sentences than trial-conviction sentences. The strategic question is whether the offered deal is better than your realistic trial-conviction risk. Factors include the strength of the evidence, the seriousness of mandatory minimums, immigration consequences, and the credibility of prosecution witnesses. Your attorney should walk through this calculation before any plea.
How long does a criminal case take?
Misdemeanors typically resolve in 3 to 6 months. Felonies often take 9 to 18 months. Federal cases are slower and routinely run 12 to 24 months. Cases that go to trial add 6 to 12 months beyond plea cases. Defendants in custody have constitutional speedy-trial rights that can compress these timelines.
Do I need a private attorney or can I use a public defender?
Public defenders are licensed criminal defense attorneys with significant trial experience, often handling the same kinds of cases for years. Caseloads vary by jurisdiction — overworked offices may have less time for individual cases. Private attorneys offer more flexibility, faster communication, and freedom to invest in expert witnesses and investigators. For serious felonies, most defendants who can afford private counsel hire it.

3 Attorney Answers

Best Answer
The key to House Arrest is scheduling. Whoever administers the monitoring is going to need to know when you plan on leaving your house and where you will be going. Generally, these are set times and do not vary on a day to day basis unless previously scheduled as such. You will be allowed to go to work and any necessary medical appointments but documentation will be required. For work, this will probably mean a letter from your employer and for a doctor's appointment, a letter from your doctor stating such may be required. Family visits are generally allowed but you may be asked to provide names and addresses of any anticipated family member prior to his/her visit. Often, your house must be free from all alcohol. When home, you cannot go outside for any reason (usually this means you cannot go outside to get your mail, take out the trash or even smoke a cigarette. These tasks must be done during your permissable time out of the home). Food shopping is allowed at least once a week if you live alone. These times are preset however and are established at the beginning of your sentence. For example, when you meet with the home monitoring administrator you will designate times such as 12-2PM on Saturdays to go food shopping and 10-12 on Sundays for religious worship.
As far as how the monitoring is done, most systems use a radio frequency that is transmitted from the anklet you will be wearing to a unit located in your home. The unit, which is plugged into the phone land line, receives a signal from the anklet and when a person moves beyond the allowed distance, the base unit will transmit a message, via the land phone line, to whoever is monitoring your house arrest. If you are beyond the permitted border for an allowed activity, such as work, no problem. However, if you are beyond the permitted border outside the time, you will be in violation of the rules and remedial measures may be taken.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Marlo Pagano-Kelleher, Esq.
The Pagano Law Firm
1801 Route 202, 2nd Floor
Glen Mills, PA 19342
phone (610) 357-6035
fax (610) 358-5782
www.thepaganolawfirm.com
It depends on the county and the conditions of the house arrest. Some conditions may permit travel to work or doctors some won't. Most house arrest programs now use GPS monitoring. The GPS transmitter is attached to your ankle or wrist.
To add to Attorney Zucker's excellent answer-
You need a phone land line so your PO can call in and check up with you to ensure you are home. Obviously, you can be anywhere on a cell phone, so they use that to keep tabs on house arrestees.
Leo M Mulvihill, Jr
Attorney and Counselor at Law
2424 E York Street, Suite 316
Philadelphia, PA 19125
www.theFishtownLawyer.com
215.385.5291 (LAW1)

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