It seems like the minimum req is 120 days in county jail which I will most likely receive. However, is it possible for me to receive house arrest with electronic device as a substitution for county jail time? I'm not asking if its likely but whether it's possible. Is there case law or statute that allows the judge to sentence me to house arrest if I receive 120 minimum county jail?I believe my arraignment is at the west covina criminal courthouse
It is possible but unlikely. Electronic monitoring counts as custody. Unless you have some very unusual circumstances, don't get your hopes up. If you are still on probation for one or more of the priors, if there was an injury or accident, or your BAC was over .15, I would expect that you would be sentenced to more than 120 if convicted.
You might get a little more information if you we're to also indicate the county where your case is being heard... different Sheriff Departments have different rules.
I'd suggest hiring a lawyer for both advise and negotiating a house arrest disposition. You know if you get another DUI you could end up in prison.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Electronic monitoring is possible but extremely unlikely. SInce you are in LA it is unlikley you would serve the full time in custody anyway. Get an attorney to see if they could possibly get some alternative to jail.
A third DUI conviction within 10 years is very serious, with sentences that run from 120 days to 1 year in jail. Each county is different, so I recommend finding an attorney who practices in the area and can work to get some alternative sentencing arrangement like a live-in alcohol recovery treatment facility. House arrest is probably not likely. The judge will want to see that you are devoted to bettering yourself. Even with some alternative sentencing, expect to do some jail time.
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