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house arrest after lockup

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ineed2kno

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

General question: If someone is sentenced and already serving their time, is it then possible to request for house arrest?

I have a close friend who has been sentenced to jail time and is currently serving. We were told while talking with the lawyer that he felt house arrest was a strong possibility considering her circumstances. House arrest; however, was never mentioned during the plea process or with the judge overseeing the case. I imagined if the lawyer had made a request for it, the judge would have allowed or denied it during the hearing. Is it possible to file a request after sentencing has started for house arrest? Would the lawyers lack of action (if that be the case) have any bearing on the outcome of such a request?

If further information is needed, I'll provide it as best I can.

Thank you
 


dave33

Senior Member
I would suspect that the answer is no. After a plea deal is done,it is pretty much written in stone. However, if some special circumstances have presented themselves than maybe with the help of a lawyer you could possibly get the situation revisited. They would have to be some special circumstances and it also alot would depend on the aspects of the crime for which he was convicted.goodluck.
 

ineed2kno

Junior Member
Not exactly the news I was hoping for, but thank you for the info. The circumstances really haven't changed, I was just under the impression that if house arrest was an option before it still would be. Is that something they often do; as in breaking up someone's sentence with both physical jail time and house arrest?
 

dave33

Senior Member
I have seen someone sentenced to house arrest, violate the terms, go back to jail and than released to house arrest again essentially giving them a second chance. A plea agreement was offered, accepted and than implemented. Also, you would need an attorney to look into the state law and the department of corrections policy. I strongly suspect that option is off the table for good.Again, to be sure a lawyer would have to research the situation in it's entirety. Also, you should know if a public defender handled this case, he will not be re-appointed for this situation. You will have to retain private counsel and it could very well be to no avail. That being said if you have the resources, than go for it.goodluck.
 

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