I am currently serving an 11.5 - 23 month sentence for a DUI & Recklessly Endangering Another Person charge. The judge allowed me to do my time on house arrest because the jails were so crowded. I spent 30 days in the county prison and am going into my 3rd month on house arrest.
I have no idea how the system works but I was always under the impression that someone could try for parole halfway through their minimum sentence.
Even though I am on house arrest, could I try for parole at my minimum halfway point (6 months) or would 11.5 months be considered the halfway point?
On my court paperwork it says I will be released August 4th, 2010 which would be 11.5 months.
DUI / DWI Attorney
I don't practice in PA. House arrest is not parole. It sounds like it was part of your probationary sentence.
Edward J. Blum
Criminal Defense Attorney
There are essentially three levels of punishment in a Pennsylvania criminal case: 1) incarceration; 2) intermediate punishment/house arrest; and 3) probation. With incarceration, a defendant is sentenced to a sentencing range, with a minimum and maximum sentence. Such defendant is eligible for parole after serving the minimum (which is usually half of the maximum), with the remainder of the sentence to be served on parole, which is vivery similar to probation. Sometimes, a defendant can get intermediate punishment, with house arrest instead of jail time. In such cases, it's usually a sentence of a term of intermediate punishment, which is a form of probation, with a specific amount of time on house arrest.
It sounds to me like you were probably sentenced to 23 months of intermediate punishment, with 11 1/2 months on house arrest. If this is the case, there would be no need to request "parole." As long as no revocations are filed, you should be automatically released from house arrest after 11 1/2 months.
You could make a motion for early release from house arrest, but unless you have a very compelling reason for this, it is doubtful that you would be granted early release from house arrest.
If you wanted to make a motion for early release, you should speak with an attorney where you live.