What Is House Arrest and How Does It Work? | Criminal Lawyer, Wichita

Criminal Lawyer in Wichita


Have you recently been charged with a crime? While the prospects of jail time may be daunting, being away from friends and family, losing your employment, and missing out on valuable moments of everyday life, it’s not always a requirement. For some defendants, house arrest is offered as a legal alternative to incarceration, where non-violent offenders can serve their sentence at home. Our team of criminal lawyers in Wichita at the McConnell Law Firm field many questions regarding house arrest and are detailing some helpful information below!

What Is House Arrest?

Like many other states, Kansas has incorporated house arrest into its criminal justice system by giving judges the discretion to allow individuals to serve their sentences while confined to their homes. The process of being on house arrest relies on electronic monitoring devices, often ankle bracelets, to track the individual’s location and transmit real-time data to monitoring centers.


Who Is Eligible?

The eligibility criteria for house arrest will vary depending on the nature of the offense, the individual’s criminal history, and the assessed risk to society, but most commonly, non-violent offenders with a low risk of reoffending are considered eligible. Judges ultimately have the discretion to determine whether house arrest is an appropriate alternative to traditional imprisonment and are likely to decide based on an individual’s potential for rehabilitation.

“There’s a wide range of individuals who qualify for house arrest,” said Erica Ramstad Whitsell, a criminal defense attorney at the McConnell Law Firm. “Most commonly, what we see is house arrest offered for a second DUI offense because there’s a mandatory 120-hour imprisonment requirement. The first 48 hours must be completed in jail. However, the remaining 72 hours can easily be completed at home.”


Consequences of Violating House Arrest

Individuals on house arrest in Kansas are typically allowed limited movement within approved zones. These zones are determined by the court and may include the individual’s residence, workplace, and other specified locations. Compliance is closely monitored through regular check-ins with probation or court services officers and may occur through in-person visits, phone calls, or video conferences. Any violation of the pre-determined rules may result in additional penalties, including revocation of house arrest and potential incarceration.

“If you violate your boundaries, the judge may decide to revoke your house arrest privileges and have you serve your jail time in person,” said Whitsell. “Violations commonly occur when someone makes a quick stop at the gas station or a drive-thru on their way home without permission. People also sometimes have issues with keeping the interlock device charged. It’s also important to realize that if you cut off the monitoring device and are unreachable, you can pick up added felony charges.”


Have You Been Accused?

If you have been accused of a crime, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our criminal lawyers in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of one of our criminal lawyers in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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What Is House Arrest and How Does It Work? | Criminal Lawyer, Wichita

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Jonathan W. McConnell and his team have become well-known for their expert knowledge and unmatched tenacity. They have been rated highly by the public and their peers on many prestigious legal directories and professional organizations.