* This article is not intended as advice for your specific matter. Rather, it is a general article about Nevada law. If you have questions about your particular case, please call Mueller, Hinds and Associates, Chtd. immediately at (702) 940-1234. This information is valid as of July 24, 2017.
What is House Arrest in Nevada?
A person accused of a crime has the right under the Nevada Constitution to a reasonable bail, but often that bail will be too high for the person accused to pay. What other options are there for him or her to get released? In addition to a bail reduction motion, bail hearing and an own recognizance release, the court can release the accused to something called “house arrest.”
Courts recognize that bail amounts can be too high for the crime charged and amount of ties to the community a defendant has, but that a release on an own recognizance would not do enough to ensure the accused’s return to court. In those cases, the court can order that the person be released to a program called house arrest or the “electronic monitoring program.” A good criminal defense attorney can make the case to the court that your loved one is an appropriate candidate for this kind of treatment. The attorney will file a bail reduction motion asking for a reasonable bail, but asking, in the alternative, for release on house arrest.
While on house arrest, a person has to wear a GPS ankle monitor that tracks the accused’s every move and cannot be tampered with or removed. A person can go to work, school, the grocery store, medical appointments, court required programming and court with verification. In many cases the court will add requirements like drug and alcohol tests depending on the charged offense.
In certain DUI cases, the court will also require a SCRAM bracelet to further protect the community, which stands for Secure Continuous Remote Alcohol Monitor. The bracelet attaches to the defendant’s ankle and monitors sweat coming from the skin for alcohol content and has tamper prevention features. The tamper prevention features are generally unbeatable from our perspective. Nothing will get around the technology or fool it. That said, the bracelet can malfunction and it is imperative that if you’re accused of violating the terms of either house arrest or SCRAM that you immediately contact and hire an experienced criminal defense attorney.
Are you are a loved one accused of a crime and need help? Contact the experienced criminal defense attorneys at Mueller Hinds & Associates for a free consultation.