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Can I serve house arrest in lieu of work release hours so I can go to school?

Santa Rosa, CA |

I was assigned 300+ hours of work release in lieu of jail time for a second dui. I was originally offered house arrest or work release by the probation department, but I chose work release because of my step son. I completed half of my work release hours but was having trouble scheduling hours around school and my full time job. My relationship has ended and my step son no longer lives at my house so I requested a modification to serve the rest of my hours on home confinement but was denied. When I asked what I needed to do I was told I would be contacted by probation dept. I was never contacted by the probation department. I received a letter yesterday ordering me to self-surrender for 2 weeks. my surrender date is the first week of the semester. Can I ask for house arrest in lieu?

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Attorney answers 3


You can certainly ask. However, based on what you've described, it doesn't seem likely to be granted. I suggest that you retain a locally experienced DUI attorney to see if you can do the community service hours instead. Best of luck.

Jasen Nielsen


The key phrase that raises a red flag for me when I read your fact scenario is when you say "I was never contacted by the probation department" after you were told to wait for a letter from them. This makes it sound like you waited a very long time without continuing to work on your remaining community service hours. I'm guessing this is the reason why it appears the probation department has filed a violation against you requiring you to serve jail time instead. If you had an attorney for your case, contact him/her immediately to figure out what your options are. Otherwise, you can use this website to contact a number of excellent candidates, one of whom has provided an answer here to your question. Give him a call to see what can be done after he is able to hear more of your fact situation.


Ask the atty who represented you to calendar an appearance to postpone the surrender date and give you time to work out with probation or sheriff (I think it is with the Sheriff) alternatives to jail. It seems to me that you think you can negotiate at the surrender date and time. If this is a correct assumption by me, please do be advised you are wrong and that the sherrif will put you behind bars! If you wish to contact me, please do so on seven zero seven, - 529-5219

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