In today’s episode Colby discusses home detention as an alternative to jail time.
Folks, when I first started out in this business about thirteen years ago, there was no home detention. And what that meant is if you got thirty days in the hoosegow, you did every single day of it in jail. That wasn’t good. Obviously, jail sucks and… so, I imagine some Legislator’s kid got a DUI and after they spent thirty days in jail and went home and told mom how bad it was, they came up with home detention.
So, now if you get jail a lot of times you can get home detention. For instance, in a DUI… let’s say you got a second offense regular DUI, you got thirty days jail. Today, under the laws as they currently are, twenty percent of that has to be in the real jail and you can get work release after the first forty-eight hours; but it has to be real jail. After that you can get home detention for the remainder of your time. And obviously, that’s a huge benefit because let’s face it, jail sucks.
Home detention is pretty good. There’re a couple different kinds of home detention, different set-ups and we’ll talk about sort of the differences between the two main ones today. The first type of home detention is just what it sounds like. It’s basically like being grounded. You do get work release so you are allowed to come and go for work and things like that; but at certain hours of the day you have to be at your house. The way they enforce that is they have a base unit. It’s hooked up to the internet or your phone and then you get the fashionable ankle bracelet that you get to wear. And basically, you have to be within a certain distance of that base unit at certain times of the day; and if you’re not, it reports a violation. You get hauled into Court and you will probably spend the rest of your time in jail. The other kind offers you a little bit more freedom. The other kind involves what’s called a CAM device. It’s a continuous alcohol monitoring device; and if you get the CAM device option then basically you can go where you want, when you want, but you can’t drink. The way the CAM device works is it reads microscopic amounts of your sweat for alcohol. And according to the manufacturers of the device, it is exceptionally accurate and the greatest thing since slices bread. That’s debatable but at any rate everybody will admit that the CAM device has some problems. The they’re really problems not for the people who made the CAM device but they are problems for you, if you have to wear one. The biggest thing we see come up all the time is interference or contaminates. Basically, there’s a whole lot of household products that have alcohol in them and if you use them or are around them, and the CAM device picks them up it can report you as having consumed alcohol when you didn’t. If that happens you get hauled into Court and there’s a good chance you may have to spend the rest of your home detention time in real jail. So, that’s to be avoided. Things that can affect the CAM device are perfume, hand-sanitizers are a big one, hair spray. It’s amazing how much stuff has alcohol in it that you wouldn’t know or think about. So, if you ever have to wear a CAM device, it’s a good idea to read the labels on everything before you use it.
This posted video is in no way specific legal advice on any subject. It is intended to provide general information for the public. If you need specific legal advice, call Chuck at 480-545-0700.