If you are arrested in Montgomery County for a non-violent crime or a DUI and are not eligible for ARD, you are most likely facing a mandatory jail sentence. For many people, any period of incarceration can have severe consequences on their personal lives. Luckily, for many cases, avoiding jail time is possible if the individual is eligible for the Montgomery County House Arrest Program. To see if you qualify, you will need to hired an experienced Montgomery County DUI attorney.
Applying for House Arrest in Montgomery County
In order to be considered for the House Arrest Program, an individual, through their Montgomery County criminal defense attorney, must fill out the House Arrest application. All applicants must submit:
Letter from person(s) you live with acknowledging that House Arrest/Electronic Monitoring will affect them as well and that they will not jeopardize your success if you are accepted into this program.
Letter (on letterhead) from your employer acknowledging that House Arrest/Electronic Monitoring will require you to have set work hours (specific start/end times).
Letter (on letterhead) from your counselor/therapist indicating your status in counseling, and any medication(s) you may be prescribed.
Letter (on letterhead) from your doctor indicating your medical condition and any required treatment modality; including medication(s) you may be prescribed.
A letter from your present employer(s) MUST accompany the application. This letter MUST include the days and hours you work, your salary, and the willingness of your employer to comply with the restrictions that may be placed upon you while in the House Arrest Program.
If you are currently in treatment and/or counseling, a letter from your current counselor or doctor MUST be attached to the application. This letter should include your diagnosis and current status.
When Do I Submit the Application?
Generally, when an individual is seeking admission into the House Arrest Program, he/she will first enter into an open guilty plea with their sentencing judge. Once the open guilty plea is entered, the sentencing is continued for a later date so that the application for house arrest can be completed and sent for review to the Montgomery County Adult Probation Office.
The application should be completed and submitted to the Montgomery County Adult Probation and Parole Department WITHIN 14 BUSINESS DAYS from receiving the packet. The completed application will be reviewed by the Chief Adult Probation Officer or his/her designee, to insure compliance with the directions and confirm eligibility in accordance with the established criteria.
If it is determined that you are approved for admission into the Montgomery County House Arrest Program, the Montgomery County Adult Probation Office will notify the Court of your approval and at sentencing, the Judge will determine whether or not to admit you into the Program. It is important to note that the Judge is the final decider in terms of your entry. You, through your criminal defense attorney, need to present mitigating evidence in order to help persuade the Judge to accept your entry into the House Arrest Program.
What Are the Rules of The House Arrest Program?
The rules for Montgomery County House Arrest are as follows:
You must remain in your place of residence during monitored hours as directed by your officer. The duration of your house arrest is X Date from to Y Date. You will only travel to locations approved by your officer.
You will not enter into any areas that are defined as exclusion zones by your officer.
You will report to your officer as directed. The responsibility to report falls upon you, the offender.
You must comply with all local, state, and federal criminal laws.
You will notify your officer immediately if you are arrested by or if you are cooperating with any law enforcement agency.
You will not enter into any agreement to act as a confidential informant for any law enforcement agency without permission from your officer. You will abide by the rules and conditions imposed by the Montgomery County Adult Probation and Parole Department.
You will conduct yourself in a manner that will not create a danger to the community or yourself.
You will not participate in or condone illegal activity in your place of residence.
Your officer will make supervision visits in your place of residence and/or employment.
You will provide access to the dwelling in which you reside. This place of residence may not be changed without prior authorization from the Montgomery County Adult Probation and Parole Department. Firearms and/or lethal weapons are prohibited in your residence and/or on your property.
You will make every effort to obtain and maintain employment and support your dependent(s).
You will submit a work schedule to your officer prior to being placed in the program. You will notify your officer within 72 hours of any change in your employment. Any changes in your work schedule or employer will be reported 72 hours prior to the change taking effect. Any changes in your work schedule or employer must be approved by the Montgomery County Adult Probation and Parole Department.
You must maintain a working phone that will allow you to respond to any and all communication attempt requests by your officer.
You will pay all fines, costs, and restitution in monthly installments as directed by the Court. Payments are to be sent to the Clerk of Courts, Courthouse, P.O. Box 311, Norristown, PA 19404.
You are advised that all amounts over $1,000 will cause a lien and filing fees to be placed against you. Further, your failure to pay your fine, costs, and restitution as directed by the Court may result in your account balance being submitted to a collection agency. An additional 25% collection charge will be added to your account balance.
You will cooperate and participate in any medical, psychological, and/or psychiatric examination, test, treatment and/or counseling as directed by the Court or your officer.
You will immediately notify your officer and sign a confidential release with your treatment provider.
You will remain in said program until released by your officer or until the satisfactory completion of said program.
You will abstain from the unlawful possession, use or sale of narcotics or other dangerous drugs and drug paraphernalia.
You will abstain from the possession and/or consumption of alcohol. You will submit urine sample(s) and/or breathalyzer upon request of your probation/parole officer.
You will request that your prescription medication be non-narcotic and non-addictive and notify your officer prior to consuming and/or using any prescribed medication or any over the counter medication.
You may have to obtain a doctor’s note describing your need for such treatment.
You will not take anyone else’s prescribed medication. You will not consume diet pills. You will not use and/or possess any other mood altering or hallucinogenic substance.
You will not own, use, and/or possess any type of firearm, lookalike firearm, lethal weapon, explosives, and/or ammunition. Hunting is prohibited. You will notify your officer of any firearms registered to you.
You will wear the ankle bracelet at all times and will not tamper with or remove it for any reason.
You will charge the ankle bracelet twice per day for a minimum of 1 hour each time.
You understand that all ankle bracelet movement will be tracked and stored as official record.
Visitors in your place of residence are restricted to a maximum of two people per day.
In the event of a medical emergency, you can seek treatment immediately. You must notify my officer by the next working day, between 8:00 a.m. and 4:30 p.m., and provide medical documentation to verify treatment and time of treatment.
How Can I Determine if House Arrest Is Possible for My Case?
At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Montgomery County, we are well-equipped to ensure you get the best result possible with seasoned DUI attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of experienced Montgomery County defense attorneys is dedicated to the best outcomes for all of our clients.