Recently, the Governor issued a “stay the #$%* at home” order, which he called “shelter in place.” Basically, he ordered all of us onto “house arrest.” But what is “house arrest” really?
In Florida, house arrest is called the Community Control supervision. Florida Statute 948.001(3) defines the program as a form of “intensive, supervised custody in the community.” It is a punishment, but it also is an alternative to a prison sentence.
The terms of house arrest in Florida vary depending on the situation. The probationer must either remain in the home 24 hours a day, or may be allowed to report to school, work and church. In most cases, the probationer must meet regularly with their probation officer to discuss a proposed schedule for the upcoming week or month. It is important that probationer stick to the schedule once it has been approved. Any deviation could result in an accusation and arrest for violation of probation or community control.
Some probationers on community control are required to wear an electronic monitoring device. Even if the probationer has not been ordered to wear a monitoring device, his or her probation officer will make random surprise home visits to make sure the probationer is there as required.
If your probation officer has reason to believe you violated the terms of your community control or house arrest, you may be arrested. You may be arrested when you report to your probation officer, or a warrant may be issued.
Bond is not guaranteed on a charge of violation of community control, but bond is permitted. The decision whether to set bond is within the discretion of the judge. A lawyer with experience would know what information a judge wants to have in order to decide whether to grant or deny bond.
Lots of Florida lawyers “handle” violation of probation and community control cases. If you have been arrested for an accusation involving violation of probation or community control, and you want to be defended, not just “handled,” call a real pro, Michael Kessler.
Wrongful arrests happen every day. We have a long history of successfully defending people accused of violating probation or community control.
Michael Kessler is a Board-Certified Criminal Trial Lawyer, and has been protecting people from their government since 1985.