If you are currently facing criminal charges in the State of Nebraska you are likely concerned about the potential penalties for the offense with which you are charged. The more serious the offense is the most likely those penalties could include a term of incarceration. While you undoubtedly hope you are not sentenced to a period of incarceration, if you are you may be wondering “ Can I get house arrest in Nebraska? ”
House arrest is essentially just what the name implies – being under arrest in your home instead of a jail facility. Nebraska Revised Statutes § 47-401 authorizes house arrest, stating in pertinent part as follows:
“Any person sentenced to a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture may be granted the privilege of serving all or part of the sentence under house arrest. For purposes of this subsection, house arrest means restricting an offender to a specific residence except for authorized periods of absence for employment or for medical, educational, or other reasons approved by the court. House arrest may be monitored by electronic surveillance devices or systems.”
Traditionally, offenders on house arrest were monitored by in-person visits by county officials. Today, offenders serving a sentence on house arrest are typically monitored using some type of electronic surveillance; although, officials will still do in-person visits from time to time to ensure that an offender is where he/she is supposed to be. While on house arrest you will only be allowed to leave your residence for authorized reasons. Typically, this means to go to work, school, medical appointments, or court appearances.
Each county has its own eligibility requirements for house arrest consideration; however, most programs require an offender to meet the following guidelines to be considered for house arrest:
- Have a verifiable residence in the county (or in an adjacent county)
- Have a working landline telephone – though some programs are now using cellular telephones
- Not be convicted of a crime of violence or a sex offense
- Not be convicted of a crime involving children or be a registered sex offender
If you wish to be considered for house arrest in lieu of serving your expected sentence in jail, consult with your Omaha criminal defense attorney to find out if you are eligible.
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.