You are here:

Criminal Law/House Arrest instead of Jail Time for a Class D Felony?

Advertisement

Expert: - 8/6/2009


Question
My boyfriend is about to be sentenced to serve jail time for a D Class felony for a burglary that happened back in late March. Since then he has kept his nose clean and raised about $200 for restitution after paying additional home fees like insurance and such. We were told by the probation department, after they had already turned in their report, that because we do not have a home phone line that house arrest could not be an option. My boyfriend's attourney cannot talk to him until an hour before his court date and he is sentenced but we'd like to know that if we got ourselves a home line if it would contribute to deciding to put him on house arrest so he can work and pay restitution for the theft instead of being sentenced jail time? Is there anything else we could do to influence the judge to give him an ankle bracelet instead of him serving jail time? He'd like to keep his job since after his conviction and time served it will be much harder for him to find work anywhere...

His attourney is a public defender.

Is there anything he could claim to influence the judge that he deserves house arrest instead of jail time?

Anything that could help... Please...  

Also, this is his first offense and the probation department said they can do nothing further since their report is already turned in,
however,
they never reccommended jail time at all.
They only suggested 160 hours of community service.

And would talking to the police actually help? He was exquisitely cooperative when he was caught, he even earned 2 extra phone calls!

Thank you in advanced for your help and effort, it is appreciated greatly, sir!

Answer
Kimberly,

All of the things you suggested, even talking to the police, are excellent ways to have the Judge grant house arrest with electronic monitoring.  I would take the time to do those things right away and then send a letter to the public defender explaining the steps that you have taken on behalf of your boyfriend so that he or she may have knowledge of what has been done prior to the hearing.  He or she will then be able to present these actions to the Judge in support of asking for house arrest.  Make sure to get a letter from the police officer in support of house arrest if they are amenable to the prospect and then turn over a copy to the public defender as well.     

I hope this information is helpful to you.

Best of luck.


JP

Pennsylvania Private Detective
http:private-eye.homestead.com
Tel:484-274-3909
E-mail: pa.detective@gmail.com

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!

Experience

Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.

©2012 About.com, a part of The New York Times Company. All rights reserved.