My friend has been on house arrest for almost one year. He does not have a criminal background at all. He has passed all the last drugs tests and has been doing good in school. The only thing he has done wrong is leave his house arrest phone in the other room a couple times and didn’t answer it by accident. He is on Community control and house arrest. He recently failed a swab drug test for THC. His urine came back clean due to the detox drinks he has been taking. We are both scared as to what could happen. He only has 2 weeks left on house arrest and we are desperate for help!!
The first thing you should do is cease writing information on a public forum.
I cannot predict the future. No attorney can.
If he is desperate for help then he should be more responsible.
There is no viable excuse for not answering ("leave his house arrest phone in the other room a couple times and didn’t answer it by accident" may work for you but it won't work for either the CCO or the Court) and unless he has a Rx for THC then he cannot fail "a swab drug test for THC" (even if "His urine came back clean due to the detox drinks he has been taking"... because this means that he's been using, or around people who are using, and he is gaming the system).
House Arrest, or Community Control, is a community based sanction that falls somewhere in between probation and incarceration. It is an intensive supervision program designed to build accountability and responsibility along with providing a punishment alternative to imprisonment.
While on CC you are essentially confined to your home unless you are working, attending school, performing public service hours, participating in treatment, going to court or doing some other activity which has been approved in advance by your CCO. You are not allowed to leave your home to visit family or friends, to go out to dinner or to the movies, to go on vacation, or to engage in most of the other activities you are used to being able to do as a free person.
Believe it or not it it’s not easy to confine yourself to your home, and to be there at all times that you are supposed to be there with no margin of error, and a largo percentage of those who try fail. But, if you can make it, then you can continue to work to support yourself and your family, or attend school, sleep in your own bed, order in or cook whatever food you like, watch TV, play video games, be around people that you want to spend time with and enjoy voluntary intimate relations with partners of your own choosing.
The downside is that there is almost always a “zero tolerance policy” for slip-ups on CC, meaning that if you violate then the next stop is almost always jail or prison, so CC is not for everyone.
You need to think of your house as your private jail cell because while on CC you are confined to your approved residence except for one-half (1\2) hour before and after any “approved” escapade.
Of course you are free to ask the Court for permission to engage in other activities (like going to the gym), but absent either a Court Order or permission from your CCO, anytime that you leave the house you are literally on the clock, and if you have GPS monitoring then you are also on the map. And if you screw up then you can expect to go to jail, directly to jail, you will not collect $200 and you will not be sip a mojito on Boardwalk...
Your friend can be violated at any time prior to natural expiration - even 1 second beforehand - and he is on notice.
Wishing your friend better judgment, more responsibility, luck and hoping that I have been helpful in answering your question.
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