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How to Get the Conditional Sentences for House Arrest?

by christie Callihoo - 17 May 2022, Tuesday 125 Views Like (0)
How to Get the Conditional Sentences for House Arrest?

If you are a celebrity, businessman, or an individual with influence, and you have been charged with a criminal offense, it is going to be very difficult to perform your responsibilities from jail. Especially if the crown sentenced jail time to 1 or 2 years.  

Hiring an expert criminal defense lawyer will help you request the court to allow the accused to get a conditional sentence order (CSO) in section 742 of the criminal code where an offender is ‘home arrested’

Thus, this article will explain to you how to get a house arrest and the conditions and terms that must be executed.

What Exactly Is A Conditional Sentence? 

First, let's make sure you understand that a conditional sentence is an alternative term for home arrest. The latter implies that CSO is a form of incarceration that allows specific offenders to serve their penalty in the community rather than being in an actual jail behind bars. 

However, the level of constraint over the conditions varies according to what degree the accused will be imposed to fulfill their home detention.    

Now, you need to know that if the judge orders a CSO, this means the accused must follow the conditions the judge instructed under the CSO.

Let us give a simple example: if the sentence was to remain in the house, and the offender breached that instruction, the court will order them to be sent to jail and serve the rest of their sentence behind bars. 

To make the offender comply with the house arrest, the Edmonton judges consider electronic monitoring ankle bracelets. This is done to ensure that the offender follows house arrest conditions. 

Typically, house arrest conditions require not leaving the house, except for emergencies or exceptions like getting groceries or going to work or school. 

Additional tip; in Canada, the moderate length of a conditional sentence is eight months.

How To Get An House Arrest Sentence? 

To get a conditional sentence for the crime you commit, the offender does a couple of things. First, you must find a professional  criminal lawyer in Edmonton to help get a penalty of two years.

Second, the crown needs to find the offender guilty, and the order must be jailed for a minimum of two years or less. Afterward, the court will determine giving the jail sentence in the community instead of jail. 

And here are the requirements that have to be met:

  • An essential requirement is that the jail time must be more than two years of the offender.
  • The crown will issue this order if the offender does not present any endangerment to the public. 
  • And charges do not have a compulsory minimum sentence.
  • Charges of the offender do not carry a maximum 14-year prison term. 
  • Also, Charges of the offender do not carry a maximum 10-year prison term. For a terrorism or criminal organization offense. 

Special cases 

Not to be involved in special cases charges offense where the maximum sentence is ten years:

  • Getting into a fight that resulted in bodily harm. 
  • Being involved with importing, exporting, trafficking, or producing drugs.
  • Getting in conflict involved a weapon deal.

And below is the list of offenses that will not guarantee house arrest:

  • Prison breaking.
  • Charged with criminal harassment, sexual assault, or kidnapping.
  • Being accused of trafficking person charges. 
  • Abducted a person under 14 years old,
  • Theft charges such as a motor vehicle, money over $5000, and breaking a place or arson.

What Happens After You Gain The Conditional Sentences? 

When you get the house arrest sentence, the judge's instructions order must be met. The offender will remain in the "house" so the sentence can be served. 

Yet as we mentioned earlier, the offender is allowed to practice certain outside privileges like work, study, or medical reasons. Moreover, the person must be capable of abstaining from drugs and alcohol purchases. 

Also, the court can not allow anything that is defined as a weapon, and the offender must perform up to 240 hours of community service during the term of the sentence. 

Additionally, the court can order an offender to attend rehab or mandate that the offender must take if they care for dependents. But if an offender violates the terms of the house arrest, the judge could send them back to jail.

 To Sum Up 

If you are being charged with any criminal offenses, you must find the best criminal lawyers in Edmonton. 

Since criminal lawyers have extensive experience in defending people charged with all kinds of offenses, and with their ample experience, they can guarantee conditional sentences. 

Being judged in this order will allow rest in a familiar environment which is your house. And you can practice your regular responsibilities and work tasks easily. So when the conditional sentence is due, there will be no need to resume your life again because you were already living it