JAIL ALTERNATIVES

Even in the case of a conviction, it is possible for a skilled defense attorney to obtain alternatives to jail for their clients. Alternatives to jail include:

> Electronic Monitoring
> Work Release or Work Furlough
> City Jail
> Alcohol or Drug Rehabilitation
> Sober Living

Each of these options should be fully explored, and a decision reached based upon the individual facts in each case.

Electronic Monitoring: This is also known as "House Arrest", and involves wearing an ankle bracelet that electronically monitors the whereabouts of the wearer. Usually, arrangements can be made for the wearer to go to work or school, so long as they are home by an appointed time.

Work Release: This involves working at a site determined by the Probation Department. The participant works there during the day, and gets to go home at night to sleep.

Work Furlough: This option allows the participant to keep their own job; however, they return to a dormitory-style facility to sleep at night. They are released to go to work during the day.

City Jail: Also known as "private jail" or "weekend jail." Many local police departments operate a City Jail program. Participants check themselves in to the police station, and usually spend the night there, to be released sometime the following day.

Alcohol or Drug Rehabilitation: Sometimes a DUI or drug-related arrest is merely the unfortunate symptom of an underlying addiction issue. While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address alcohol or drug rehab as an alternative to jail. A skilled defense attorney will know how to obtain this type of relief for their clients, and prevail upon a judge to allow this as an alternative to custody and fines.

Sober Living: For those that are multiple offenders, or have a drug or alcohol problem that has not responded to past attempts at treatment, sober living is sometimes the best alternative. These are houses, both for men and women, where all of the residents are sober. The structure of each house will vary, but residents are usually required to attend a 12-Step meeting daily, participate in house groups and functions, and perform a household chore. In addition to allowing the participant to avoid a lengthy jail stay, sober living environments have helped many improve the quality of their lives.

WHAT ARE HOUSE ARREST AND ELECTRONIC MONITORING?

House arrest (with or without electronic monitoring) allows a person who is sentenced to a jail term to spend the time at his home as an alternative to being physically confined to jail.

Home confinement is monitored using an electronic sensor strapped to an offender’s ankle and linked by telephone lines to a central computer which emits a continuous signal. If this signal is interrupted by the offender going beyond the authorized radius of the receiver, the host computer records the date and time of the signal’s disappearance. The computer will also record the date and time the signal resumes. If a signal interruption occurs during a period when the parolee should be at home, the violation is checked by the parole officer and the offender could be subject to arrest.

If you, or someone you care about, have been arrested as the result of a problem with alcohol or drugs, please contact us.

There is no cost or obligation for a consultation with NY DWI Attorney Ronald Meltzer. Call 212-822-1443, or e-mail Rmeltzer@NycDwiLaw.com, or click here for our Free DWI Consultation Form to submit to our office.

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