View Full Version : Sentenced to home confinement? Happen much?


jasonlv
12-03-2007, 05:54 PM
This may sound silly but I'm curious if there are ever instances where offenders are sentenced directly to home incarceration rather than jail time...

Does this ever happen? If so does anyone know what the 'beneficial' factors are for this to be considered? Having a steady job? Family? Pregnant Wife? Non violent? You see where I'm going :)

Is this something that can be worked out by my lawyers during pre-indictment plea bargaining, etc?

I'm possibly looking at a federal drug offense for possession. I don't sell drugs & have always paid my taxes, etc so I'm not THAT worried about other charges but who knows what the feds can do.

I haven't been indicted yet but I'm so anxious it's hard to stay motivated to do anything else... especially when you know you could just be taken to jail at any time.

Thanks everyone

bellisq
12-03-2007, 08:21 PM
There is a disposition called (approximately) probation before judgment. That is the best way to get what you want and it is exceedingly hard to accomplish. You need a lawyer the quality of Semenza or Chesnoff to even try to pull it off. You don't have to go to jail and in the end the felony is dropped. The problem with drug cases (and most conspiracies in general) is that you get saddled with the whole amount, which makes house arrest difficult. You will find a lot of stories here of people who had pleas that that promise one thing, and they got another. Be sure to check out rehabilitation departure, you might fit that criteria.

It is all about the statement the government makes in the pre-sentence report about your involvement and the whole case. That is where the calculations come from, and it is hard to move that number. You need to know how the gov got the info. and what has been alleged about you.

Lots of people in federal prison fit the scenario that you described. What you want is possible, but difficult to accomplish.

vaasudev
12-03-2007, 09:28 PM
You should listen to what bellisq writes. I take her word as fact. At least in NY what she writes about is referred to as pre-trial intervention or deferred prosecution. Can't hurt to ask your attorney about it, though it is not common. From the feds point of view -- why try and rehabilitate when you can incarcerate.

abbey09
12-04-2007, 07:49 AM
My guy was told by everyone including court officer he reported to that he would be sentenced to home confinement, but the judge gave him 2 years for tax evasion.
Now we are trying to seek information on early release to home confinement. I posted a question, but no one answered. I had read some time ago on a thread that someone was granted early release to home confinment when he proved he had a job and home / kids to go to. If anyone has information on this i would appreciate it.
abbey

SadMonkey
12-04-2007, 08:11 AM
My guy was told by everyone including court officer he reported to that he would be sentenced to home confinement, but the judge gave him 2 years for tax evasion.
Now we are trying to seek information on early release to home confinement. I posted a question, but no one answered. I had read some time ago on a thread that someone was granted early release to home confinment when he proved he had a job and home / kids to go to. If anyone has information on this i would appreciate it.
abbey

I'm thinking that no one answered because I think it is exceedingly rare for anyone to be released early from prison under any circumstances. I'm not saying it can't/doesn't happen, but I've not heard of it happening. Are you sure that what you read about wasn't release from a halfway house? IDK, that's the only thing I can think of. Many inmates have families and jobs to return to and they aren't getting out early - I don't want to seem harsh but I would not count on early release to HC.

vaasudev
12-04-2007, 08:34 AM
I am awaiting sentencing right now and have done a fair bit of research into this type of stuff, though I am not an attorney. Once the judge hands down a sentence, the only way to get it changed would be through appeal or to a much lesser extent by the discretion of the BOP. But they have clear guidelines they work under, they might send you to a half way house for a little more than the 10%, but if you have a 2 year sentence, your probably going to spend about 85 (actually 87.5%) of that time in BOP custody. It sucks since there is a better way for both the individual and the government utilize its resources. There has to be a better way to punish those that do not present a risk to society. Sorry, I could not give you more positive news.

Berlyn
12-04-2007, 11:44 AM
My case was a drug conspiracy and I was sentenced directly to probation/home confinement. Oddly enough no one in my conspiracy (that I know of anyway) went to prison. We got house arrest, community service and need to submit to random UA's.

I think this was largely because the amount was smaller than the feds were used to dealing with, we were all first time offenders, had strong family support, I'm getting my MBA now and the judge said he took that into consideration. I didn't have a job and the judge said he would not require me to work since I'm going to school. But I'd say that you should at least have something going for you in terms of being a "productive" member of society.

It really depends on the judge, I've read about people in very similar situations to mine receiving a period of incarceration. I wish I could help more. I pray for the best for you, good luck!

aldanow
12-04-2007, 10:12 PM
My understanding of the Second Chance Act is that it will specifically prohibit judges sentencing to home confinement, when/if it passes. Is that your opinion, bellisq?

FreedomSeeker
12-05-2007, 07:33 AM
It certainly can happen. The decision will most likely be driven by your Total Offense Level. If you are in Zone A or Zone B of the Guideline table, you have a better shot at it. If you have some good reasons for a departure or a variance from the guidelines, you still have a decent shot if you're in Zone C. If you're in Zone D, the guidelines recommend a sentence of imprisonment but a departure or a variance, if supported by good facts, could convince the judge to impose house arrest. It happens but you need a very good reason to get it.

bellisq
12-05-2007, 11:38 AM
The 2nd chance act is in major rewrites now as i understand it. No opinion until it passes, i guess.

MightGoMightNot
12-06-2007, 06:37 PM
Yeah. I was sentenced to 6 months EM- no prison- and the EM time counted towards my 2 years probation.

As much as people speculate about stuff like this, there is no magical sorcery that can predict your ultimate future. Guidelines are advisory.

It's *all* up to the judge.

canewood
12-09-2007, 07:58 PM
Realize that the prison system is a business. The more inmates they get the more tax dollars they also get. I pray you do get home confinement but realistically it's a long shot.

FedLevel26
12-20-2007, 09:31 PM
This may sound silly but I'm curious if there are ever instances where offenders are sentenced directly to home incarceration rather than jail time...

Does this ever happen? If so does anyone know what the 'beneficial' factors are for this to be considered? Having a steady job? Family? Pregnant Wife? Non violent? You see where I'm going :)

Is this something that can be worked out by my lawyers during pre-indictment plea bargaining, etc?

I'm possibly looking at a federal drug offense for possession. I don't sell drugs & have always paid my taxes, etc so I'm not THAT worried about other charges but who knows what the feds can do.

I haven't been indicted yet but I'm so anxious it's hard to stay motivated to do anything else... especially when you know you could just be taken to jail at any time.

Thanks everyone

Yes...it is indeed possible...I am living proof. However...there are many different factors that influence the judge.

Caught an imporation/exportaion drug distribution charge that carried a 5 year mandatory minium sentence and ended up with 6 months home confinement, 5 years probation. I am still in Outpatient treatment and have been drug tested 2x's a week since I was on pre-trial.

That was with no 5K...just a very sympathetic judge who saw I had done quite a bit since the day I caught the charge.

Keep your head up...