If your client is facing home confinement then it is important that you understand the process, obligations and options available to them. Home confinement is being used more and more to allow defendants to stay out of jail while their case is being processed. If they violate the terms of home confinement it does have the potential for influencing their eventual sentencing and appeal.
What are the restrictions?
The restrictions for home confinement have to be clearly defined during the court order. The judge should define the address to which the person is confined, the hours in which they are allowed to travel and distance around the property that can be traveled as well. The judge will also determine what will be the process of checking in for the individual as well. Some of the home confinement devices work based upon an alert box that your client may be responsible for renting as well. Others require a land-line, and that can cause issues.
Less people have land-lines installed in their home than ever before thanks to the prevalence of the mobile phone. Most of the home confinement devices offered are reliant on a land-line for the check-in process. Mobile phones will not be allowed for this stage of the confinement. If your client does not have a land-line the fastest resolution is to either stage in a home that has one, or to enter into an agreement with a local phone company to have one installed. It may increase the cost of the confinement, but it can be a necessity in having access to your client while preparing for sentencing, appeal, or even the original court case.
You can use the work allowance option to also allow for your client to travel back and forth to your office for meetings. Make sure that the judge includes your address, as well as the work one if that applies. You do not want to assume that you can use a work allowance for a legal meeting. Should there be a check-in at the work site and your client not be there it can be considered to be a violation of the agreement.
The last thing you have to make sure is done correctly is the allowance for travel times and methods. Some of the newer home confinement devices also have GPS tracking. You do not want a review to show a violation of the agreed travel routes. Not only could this get the confinement revoked, it could provide fuel for speculation from the other side. Get top injury lawyers.