Am I Eligible for House Arrest in South Carolina?

“House arrest” refers to a criminal defendant who is confined to their home instead of jail or a juvenile facility. There are generally two situations when house arrest instead of incarceration may be available for a defendant:

• Release on bond before trial. Generally, defendants who cannot meet the bail/bond requirements that a judge imposes may be eligible for house arrest while they are awaiting trial.
• As part of a criminal sentence. A judge can also order that anyone in South Carolina who is convicted of a crime serve their sentence at home instead of in jail or prison.

In South Carolina, most instances of house arrest involve a release on bond and not sentencing – though using house arrest after a conviction is an option in South Carolina.

How does house arrest work?

When a judge approves house arrest, the judge will include many conditions that the defendant must meet. Failure to meet these conditions can result in the defendant’s incarceration. House arrest does confine your freedom in many ways, such as the following:

• Forbidding you from leaving the house except under very specific conditions. These conditions may include going to your job, school, appointments with your lawyer, medical appointments including substance abuse tests, places of worship, and other specific locations. You cannot make stops such as picking up some milk or seeing a friend. You must go home after you meet the conditions for the day.
• Requires that you wear an electronic monitor. Generally, you wear these monitors on your ankle. The monitors are either GPS monitors or satellite monitors. Our Charleston criminal defense lawyer will advise you which monitors are available where you live and the cost of those monitors. If a judge requires that you wear an electronic monitor, then you will normally have to pay for the cost of the monitor. You may be required to make payments every week. Exceptions may apply for juveniles.

These electronic monitors alert the company that provides the monitors (and possibly others like a court officer or probation officer) if you leave the house or other approved location.

• Setting a curfew. A curfew is a time when you must be in the house even if a judge authorizes your right to work, attend school, or other exceptions we mention above. For example, your curfew may require that you be home by 8 p.m. every night.

If you are under arrest due to having a conviction, the South Carolina justice system will assign you a probation officer. You will have to meet with and advise your probation officer regularly. If a court believes you may have an alcohol or drug problem, you may also be required to attend counseling and submit to random tests while you are on probation.

The judge, who determines whether house arrest is available before your trial or after a conviction, may also order that you stay away from any victim’s residence or job and avoid contact with them while you are under house arrest.

Electronic ankle bracelets track your movements with precision – generally more precision than the GPS on your phone or in your car. You cannot remove or tamper with the ankle bracelet. The bracelet will know when you are not within an approved location and promptly notify the authorities.

What are the eligibility requirements for house arrest?

An experienced criminal defense lawyer can make/file a formal motion that requests your placement on house arrest – either as part of your bond requirements or your sentence. House arrest is a privilege, not a right. The judge who determines your motion will, with the help of criminal defense counsel, review the following factors:

• Your prior criminal record
• Whether the current criminal charges involve violence, threats of violence, or weapons
• Your record of showing up for court appearances
• Whether you have a steady job
• Whether you have ties to your community – such as owning your home, living in the community for a length of time, and the support of family and friends
• The opinion of the victim, including whether the victim objects to house arrest
• If you have any severe medical conditions in which case jail time could affect your health
• Whether you have a prior felony or if the current case involves a felony. South Carolina does not specifically exclude felonies – but a judge is more likely to approve house arrest for misdemeanors than felonies
• Recommendations from the prosecutor or the county probation office
• How crowded the prison where you would otherwise have to live is

The judge who determines your sentence will often decide if any time you spent under house arrest while you were waiting for trial counts as time served for determining the length of your criminal sentence.

The advantages of house arrest

There are many advantages to house arrests compared to incarceration. These include:

• You can stay in your house and sleep in your bed.
• You can be with family.
• Other than complying with the judge’s conditions, you are not on a clock.
• You can engage in the activities you like with the consent of your probation officer.
• You can prepare your own meals.
• You are not spending time with other prisoners.

At The Law Offices of A. Randolph Hough, P.A., we fight for your freedom. We work to obtain dismissals, acquittals, and plea bargains. Before trial, we will fight for no bail or minimum bail. Alternatively, we fight to obtain house arrest while you are awaiting trial. If there is a conviction, we will fight to have you placed under house arrest. Our Charleston criminal defense lawyer will explain how you qualify for house arrest and whether you are eligible. As a former prosecutor, we understand when a judge is likely to approve of house arrest.

To schedule a confidential consultation in Charleston, please call us or complete our contact form. Proudly serving all of South Carolina.