House Arrest Question
Question: Can I get probation if I do not get approved for a house arrest? I was arrested for receiving stolen property of $1000 of money orders. If I do not get approve for house arrest can I still get probation if I am convicted? How does it work exactly? Is there something that I can do to increase the chances of house arrest getting approved? I have heard some very bad stories about people being and jail and would like to avoid it at all costs if possible.
I was initially arrested and posted bail to get out of jail. Will that make a difference in my case that I was allowed to bail out?
Answer: I would like some clarification on your question. In short, it is possible to get a sentence that includes both jail and probation. If your actual question is… “Can I avoid jail all together and get a straight probationary sentence in the event that I am not approved for house arrest…” well that depends largely on what your attorney can do in negotiating a favorable plea agreement. In the event you go to trial and there is a conviction, then your attorney can try to make a plea to the Judge to sentencing that you would prefer (ie. avoid jail).
During the plea agreement phase, there are several things your attorney can try to negotiate to avoid jail time. One alternative would be community labor in lieu of jail. Or perhaps other creative solutions to avoid jail time.
As far as posting bail to get released after your arrest, it will not play a big role in the future proceedings of your case. Obviously, if you miss court or get arrested for another charge while your case is pending, it certainly would not be helpful and it would create more issues.
What county and court is your case in? Is your case in Los Angeles County? I would recommend that you speak to a criminal defense attorney or two in your area to discuss your case in more detail. There are other ways to get approved for house arrest even if the Judge does not approve it at the time of sentencing. Also, there are alternatives to county jail, such as weekend city jail.
Call me at (818) 336-1384 to discuss your case in more detail, as well as alternatives. Defending your case is the first priority. Then as things progress, the next priority is negotiating as good of a deal possible, either by reducing charges, or by mitigating consequences and penalties of the current charge.
Criminal Defense Attorney, Phil Hache