Not every sentence calling for incarceration results in a defendant spending the entire sentence in jail. In certain circumstances, it can be possible to work off the sentence in a non-prison setting.
I. House Arrest
One way to avoid jail is to serve the sentence on house arrest. Most counties offer house arrest in certain situations.
In Bucks County, the courts tend to be more amenable to imposing house arrest — particular in DUI cases. In Chester County, a person may be eligible to spend a large percentage of a sentence on house arrest if he or she is accepted into the Intermediate Punishment Program (“IPP”).
In Montgomery County, the availability of house arrest largely depends on the judge to which the case is assigned. Certain judges are more likely to impose house arrest than others. In all cases, it is important to develop a convincing case for why society (and the defendant) would be better served by having the defendant serve his or her sentence at home.
II. Inpatient Programs
Another way to avoid jail is to successfully complete an inpatient substance abuse and/or mental health program. Under Pennsylvania law, a judge may give day-for-day credit for time served in an inpatient facility. However there is no requirement that judge grant such credit. If a person charged with a crime is considering an inpatient facility partly to avoid a jail sentence, it is important to know who the sentencing judge is going to be.
III. Pre-Trial Home Monitoring
Another scenario where attorneys may try to obtain “time-served” credit is where a judge imposes a bail condition that the person is essentially on home confinement (house arrest) pending trial.
In every criminal case, a judge sets bail. Sometimes the bail is “ROR” or “unsecured” in which case the person is released without having to pay cash or post security. In other cases judges will assign cash bail requiring the defendant to pay cash as a condition of release. Occasionally, a judge will impose a condition of bail requiring a defendant to stay in his or her home until the case resolves.
Under Pennsylvania law, as interpreted by the Pennsylvania Supreme Court, defendants are not entitled to credit against a prison sentence for time spent in home confinement as a condition of bail. Courts have interpreted “custody” to mean time spent in an institutional setting such as jail or, at a minimum, an inpatient facility. Accordingly, some judges will not grant credit for pretrial home confinement. However exceptions have been recognized a defendant was essentially assured that his time on home confinement would, indeed, count toward the ultimate sentence. Accordingly, it is important if pretrial home confinement is ordered, that there be some record that the defendant was “assured” that he would get credit for the time.
In any case where a person may be looking at the possibility of a jail sentence, it is important to hire an experienced criminal defense attorney. Feel free to call Montgomery County, PA criminal lawyer Henry Hilles at 610-270-8800.