Ask a Lawyer - Archive

My son was arrested on drug charges. His bail was set at $250,000 the lowered to $100,000. We were finally able to come up with 10% and posted bail. We are now told that instead of him being out on bail, he will be placed under house arrest. How is that possible? Please explain. Thank you.

The principal purpose of bail is to secure a defendant's appearance at future court proceedings. In setting bail, a judge may impose both monetary and non-monetary conditions. All bail orders come with terms and conditions. Some conditions are mandatory by statute and others are discretionary. Typical mandatory conditions are requirements that the person released not engage in further criminal activity and refrain from using illegal drugs or intimidating witnesses.

If the court determines further measures are warranted, either to secure the person's appearance at future proceedings or compliance with other terms of the bond, it may impose additional conditions such as reporting requirements, travel restrictions, home confinement and electronic monitoring.

Your son has been granted bail. It's just that in addition to the financial component, the judge has added the condition of home detention.

After a period of time, if your son has had no infractions while on home detention, the judge may be willing to modify the conditions of his bond to eliminate the requirement. Your son's attorney will be in the best position to advise him if the judge is likely to be receptive to such a request, and if so, when the best time is to make it.