I got my first DUI in Nov '02 in Sacramento County. I got my second one last year April '10 in Ventura County. I knew it was going to be more drastic so i hired a lawyer. I have been a live in Care giver for my 92 year old Great Grandfather (GG) for a year and a half. My lawyer claimed he had been asking for house arrest only for it to be denied every time and he would just get an extension on my 'turn in' to jail date. None of the court paper work reflected that. When i asked him why it doesnt show 'denied' on the papers he said he can only ask at the 'bench'. I got a note from GG's Doctor indicating I need to be here, but NOW this last paper shows the note was submitted to the court but I'm stil denied house arrest. I dont understand.
Criminal Defense Attorney
You have a lawyer so you need to talk to her or him about this. Usually, in Ventura, the court will make a determination as to whether or not they will allow electronic monitoring. If the court allows it, then you have to apply through the program. As I recall, you get the initial application at the probation department. (I know they do an initial screening for felonies -- I am not sure about misdemeanors).
If you are not satisfied with your lawyer, you can seek a second opinion confidentially from another lawyer. That lawyer will, of course, have to defer to the judgment of the first to an extent because the second lawyer will not have the file or other information.
I woulod say that it sounds like you have a pretty good argument for EM but there now is a lot of water over the dam so who knows if you can get it. Talk to a lawyer and good luck!
This is not legal advice. In order to get legal advice, you need to retain a lawyer and establish an attorney client relationship. So, talk to your lawyer! [I am licensed to practice law in the state of California and am admitted to the federal courts in California, Washington D.C., the Ninth Circuit, the U.S. Supreme Court and a number of other federal Circuit and District courts. For legal advice, you need to retain a lawyer in the jurisdiction in which the matter is pending.]
Criminal Defense Attorney
It appears you have doubt that your attorney asked the judge ("bench") for house arrest on prior occasions. I don't see any reason why he wouldn't have done so, as it is a simple request to make. Additionally, while your attorney probably did request house arrest for you on those prior occasions if he said he did, that request does not have to be reflected in the minute order.or in a written motion - explaining why you didn't see "court paper work" reflecting the request and the denial of the request.
The harsh reality here is that house arrest was indeed probably requested several times, and denied. What do you not understand?
As a Ventura County defense attorney I can tell you that neither of the prior answers are correct.
The correct answer is that you will NOT get house arrest because Ventura County does not use it, In my entire career I have never had someone approved for work release in Ventura County. On the facts you described neither will you. The only possible exception is if your health is so poor that the jail refuses to accept you. Only then does it become a possibility.
Speeding / Traffic Ticket Lawyer
House arrest for a second DUI is not typical for Ventura. While you have extenuating circumstances, it is just not the policy in Ventura!
Legal disclaimer: You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.