Can You Be Denied House Arrest for a Non-Violent Crime
A Defendant in San Bernadino County, California, was convicted of causing a DUI accident, resulting in injuries to the passengers of another car. He is presently in a rehab program for his alcoholism. He applied for house arrest following his completion of the program, but was denied. DUI causing injuries does injury somebody else, but it's not a violent crime and is not disqualifying for house arrest. Did the court make a mistake in denying him house arrest?
Re: Can You Be Denied House Arrest for a Non-Violent Crime
The court has the discretion to sentence a defendant (who is not otherwise disqualified) to house arrest, but is never required to do so. So even though the defendant might have qualified, the court did not commit an error in denying house arrest merely because the defendant was eligible.