House Arrest

[loadmaster]

What is the name of your state (only U.S. law)? CA

Hello,

I am currently under house arrest due to the result of a plea bargain. I was involved in an auto accident in which a person was killed. No alcohol/drugs involved. I am 60 days into 120 day sentence. All fines are paid in full.

The company I was working for, suddenly has closed its doors. The last 2 paychex have been no good, and has put me in a financial crisis.(not only my personal bills but child support as well) I have been able to find another job, however it would require me to work odd hrs, i.e. overnite and more than 12hrs a day. I am currrently allowed to work 7am-7pm daily. Is there anything I can go to court and ask the judge to change,amend my house arrest? If I am unemployed I would have no way to pay the home monitoring fees, and then what would happen?

At my last court appearance the judge made a point, telling me if I had any problems to make sure I brought it to her attention, before she received anything from the monitoring service. So before I am unable to make my next weekly payment, I want to go before the judge. Any advice would be greatly appreciated. Thanks

[xylene]

Have you talked to your lawyer?

[loadmaster]

Originally Posted by xylene

Have you talked to your lawyer?

Yes I have, he was inquiring with the court. I am just looking for any ideas that may help in some way. I am desperate.

[dave33]

Please explain the situation in Cal. Do you have a parole officer through the department of corrections or does the judge fill that role?

[CdwJava]

Originally Posted by dave33

Please explain the situation in Cal. Do you have a parole officer through the department of corrections or does the judge fill that role?

If he did not go to prison, his house arrest should be monitored by the Probation Department of the county in which he resides.

- Carl

[dave33]

I would expect your best bet would be to report your new difficulties to the monitoring agency and hopefully they will be willing to work with you. If not than I would expect they will schedule a court hearing to see the judge. The problem with that is I suspect to have a hearing scheduled, it would mean you are in violation and probation/parole is not satisfied with you current situation. I would make sure to retain the bounced checks and ask for some reconsideration. Hopefully they will be open to the idea of your career change especially because of your unique situation. Just make sure you can substantiatr your accusations. goodluck.

[loadmaster]

Originally Posted by dave33

Please explain the situation in Cal. Do you have a parole officer through the department of corrections or does the judge fill that role?

No, there is no parole officer. You sign up through a private company which monitors you. You pay them a weekly payment called a "weekly monitoring fee". If for whatever reason you dont abide by there rules, they notify the court directly.

[loadmaster]

Originally Posted by CdwJava

If he did not go to prison, his house arrest should be monitored by the Probation Department of the county in which he resides.

- Carl

No, I did not go to prison. My house arrest is monitored by a private company. However, I believe if I violate some part of there rules, then it is a probation violation, I think. The monitoring company reports directly to the court on any violations.

[loadmaster]

Originally Posted by dave33

I would expect your best bet would be to report your new difficulties to the monitoring agency and hopefully they will be willing to work with you. If not than I would expect they will schedule a court hearing to see the judge. The problem with that is I suspect to have a hearing scheduled, it would mean you are in violation and probation/parole is not satisfied with you current situation. I would make sure to retain the bounced checks and ask for some reconsideration. Hopefully they will be open to the idea of your career change especially because of your unique situation. Just make sure you can substantiatr your accusations. goodluck.

OK, that makes sense. I will try that, since I am unable to reach my attorney in regards to what to do. I dont want to make this situation any worse, and I am trying to proactive as apposed to reactive. Thank you.

[CdwJava]

You should check with the Probation Department. Yes, the monitoring may be conducted by a private firm, but they report to the court via the Probation Department (at least that is the process in the counties in CA that I am aware of). You might be able to get your answer with a visit or a call to the Probation Department.

Do you have a specific officer supervising your release? You should. And that should be the person you call.

- Carl

[loadmaster]

Originally Posted by CdwJava

You should check with the Probation Department. Yes, the monitoring may be conducted by a private firm, but they report to the court via the Probation Department (at least that is the process in the counties in CA that I am aware of). You might be able to get your answer with a visit or a call to the Probation Department.

Do you have a specific officer supervising your release? You should. And that should be the person you call.

- Carl

Thanks for your response. No, I dont have a specific officer. I just have the contact person at the monitoring company. I finally got a hold of my attorney who will be talking to the DA today. I hope to get some idea from that. If not I Will call the contact person at the monitoring company. Thank you for your help.