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If you’re facing federal charges and the prospect of prison time—then you’re likely wondering if house arrest is possible. When you navigate the federal criminal justice system, it’s important you understand all your sentencing options– especially home confinement under 18 U.S.C. § 3624. There are many pathways to house arrest for federal offenses. Most people dont realize the First Step Act dramatically changed eligibility for home confinement, creating new disputes about who qualifies and when.
If you’ve been convicted of a federal offense and face incarceration, understanding house arrest eligibility has become more complex since the First Step Act passed in 2018. The Bureau of Prisons – and the DOJ – are watching every move. This isn’t just about wearing an ankle monitor.It’s about navigating a bureaucratic maze where one wrong step lands you in federal prison.
House arrest for federal offenses is – ASAP – the thing you can do for your future. Just because you’re eligible doesn’t mean you’ll get it. The system is designed to poke holes in your application. Hiring a seasoned federal criminal defense attorney is an investment in your future.
Look, here’s the thing… the federal government wont make this easy. It would behoove you to seek experienced counsel immediately. Call us now at 212-210-1851 for your FREE, risk-free consultation. We can help you navigate this complex system.
Experience:
There are many misconceptions about First Step Act credits. Let me clarify what really happens.
Under 18 U.S.C. § 3624(c)(2), the Federal Bureau of Prisons (BOP) is authorized to place a prisoner in home confinement for the shorter of the last 10 percent of the term of imprisonment to be served or 6 months. But here’s where it gets complicated – the First Step Act added a whole new layer.
Eligible inmates can earn time credits towards pre-release custody through evidence-based recidivism reduction programs (EBRRs). These FSA credits can qualify you for extended home confinement beyond the traditional 6 months. Yet many inmates discover theyre excluded because of little-known disqualifying offenses.
The BOP has discretion – and they use it. Federal house arrest is often used for white-collar federal crimes, drug offenses, and other non-violent crimes. If you committed securities fraud,embezzlement, or healthcare fraud , you might qualify. But if your offense involved any violence, terrorism, or high-level drug trafficking? Forget it.
Experience. Experience Matters: We’ve successfully argued for house arrest in cases the government said were impossible. Our team knows which arguments work and which dont.
100%.
FSA credits accumulate at different rates based on your risk level:
But wait, there’s more complexity. The BOP may (but is not required to) apply up to 365 credits to shorten the inmate’s sentence by up to a year. Any remaining credits go toward prerelease custody – that’s your ticket to house arrest.
The problem? There isn’t nearly enough halfway house space to accommodate people now entitled to longer stays. So even if you earn the credits, you might not get the placement. Its a game of chess where the rules keep changing.
If you’re calculating your house arrest eligibility, then you’re probably missing the most important requirement.
Here’s what you’ll find in the reddit discussions about federal house arrest doesn’t match reality. A prisoner who is placed in home confinement shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. This means if you have a 10-year sentence, you cant start home confinement until you’ve served 8.5 years – regardless of good time credits.
Nobody tells you this upfront.Instead, they let you believe FSA credits will get you home sooner. The truth is more complicated. You need to serve both:
Whichever comes later controls.
Let’s break down a real example:
But here’s where people get confused – good time credits don’t count toward the 85% calculation. It’s based on your imposed sentence, not your projected release date. This distinction costs people years.
When you miscalculate these dates, it’s important you have an attorney who gets it. We see inmates who waited too long to apply, missing their window entirely. Others apply too early and get denied, creating a paper trail that hurts future applications.
House arrest decisions aren’t just about meeting criteria – they’re about navigating unwritten rules. Under federal sentencing guidelines, house arrest is generally reserved for individuals who pose a minimal risk to public safety and are unlikely to re-offend. But “minimal risk” means different things to different people.
The BOP considers factors they don’t advertise:
Just because the statute says you’re eligible doesn’t mean the BOP agrees.
We’ve seen case managers who simply wont process house arrest applications. They claim bed shortages, administrative delays, or “security concerns” without explanation. Some facilities have unofficial policies against recommending home confinement for certain offense types – even when the law allows it.
The key is documentation. Every conversation , every request, every denial needs to be in writing. When the BOP says no verbally, force them to put it on paper. That creates the administrative record you need for appeals or habeas petitions.
Recently, a client with a wire fraud conviction was told he didn’t qualify for house arrest because his offense involved “sophisticated means.” That’s not a disqualifying factor under the statute, but the case manager insisted. We had to go over their head – and eventually to court – to get the proper consideration.
Courts have held that the BOP has no discretion to delay or refuse transfer of an eligible prisoner to prerelease custody, which transfer is mandatory. Yet every day, eligible inmates sit in prison because “no beds are available.”
This is where legal representation becomes crucial. The BOP must “ensure there is sufficient prerelease custody capacity to accommodate all eligible prisoners”. Their failure to plan doesn’t excuse noncompliance with federal law.
When faced with bed shortage excuses:
Alot of attorneys don’t want to fight these battles. They tell clients to wait, that beds will open eventually. But every day in prison is a day you can’t get back. Your family needs you home – and the law says you should be there.
We recently won a case where the BOP claimed no halfway house beds for 8 months. The judge ordered immediate home confinement placement within 14 days. The BOP suddenly “found” availability. Funny how that works.
Home confinement sounds easy until you understand the rules. A prisoner placed in home confinement shall be subject to 24-hour electronic monitoring that enables the prompt identification of the prisoner, location, and time.
The monitoring is relentless:
One client couldn’t attend his mother’s funeral because the cemetery was outside his approved zone. Another missed his daughter’s graduation when GPS approval didn’t come through in time. These aren’t just inconveniences – theyre the reality of federal house arrest.
Common violations include leaving the approved area without permission, tampering with monitoring devices, or failing to comply with curfews. But here’s what they don’t tell you:
The wrong place and time for any deviation results in violation proceedings. In more serious cases, the court may revoke house arrest privileges entirely, requiring the offender to serve their remaining sentence in a federal prison facility.
There are many hidden costs to house arrest. Here’s the breakdown:
The cost for house arrest is primarily the $6000/year it costs to pay for electronic monitoring. But that’s just the beginning:
Do the math – you’re looking at $8,000-15,000 annually. And yes, YOU pay for it, not the government. Can’t afford it? Too bad – you go back to prison.
Here’s the cruel irony: you need employment to afford house arrest, but employment limits your availability for required programs. Miss programs? Violation. Can’t pay fees? Violation. Lose your job? Probable violation.
Participants must pay monthly supervision fees of $30-$50 to offset the costs of supervision on top of monitoring costs. These fees are non-negotiable, and financial hardship rarely excuses non-payment.
We help clients structure payment plans and find employment that accommodates house arrest requirements. It’s a delicate balance – one wrong move and you’re back inside.
If you’re suffering from serious medical conditions, then you’re potentially eligible for expanded house arrest options.
Beyond standard home confinement, there’s compassionate release under 18 U.S.C. § 3582(c)(1)(A). Terminal illness, advanced age, or extraordinary family circumstances can justify early release to house arrest. The pandemic opened new avenues – courts recognized that certain medical conditions made continued incarceration effectively a death sentence.
But here’s what makes this complicated: Some individuals may be granted house arrest due to medical conditions or advanced age, where incarceration could be deemed inhumane or excessive. The BOP often fights these requests, claiming adequate medical care in prison.
Successful medical house arrest applications require:
We’ve seen diabetics who can’t get proper insulin, cancer patients denied chemotherapy, and elderly inmates with dementia left untreated. The system claims it provides adequate care , but reality tells a different story.
One client , age 72 with advanced COPD, was repeatedly denied medical house arrest. The BOP claimed their medical facilities were sufficient. After we documented 18 months of inadequate treatment and three near-death experiences, the judge ordered immediate release to home confinement. He’s alive today because we fought.
The FSA reauthorizes and modifies a pilot program that allows BOP to place certain elderly and terminally ill prisoners on home confinement to serve the remainder of their sentences. But “elderly” means 60+ with severe health issues or 65+ generally. And “terminally ill” requires a prognosis of 18 months or less to live.
These programs exist but remain underutilized. The BOP doesn’t advertise them , and many inmates die waiting for approval. We accelerate these applications through aggressive advocacy and medical documentation.
Hiring a former federal prosecutor is an investment in your future – there’s no two ways about it.
We know the government’s playbook because we wrote it. As former federal prosecutors, we understand:
Our team includes attorneys who served as AUSAs in the Southern and Eastern Districts of New York. We prosecuted these cases – now we defend them. That perspective is invaluable when fighting for house arrest.
When we call the BOP, they know us. When we file motions, judges recognize our credibility. This isn’t about who you know – it’s about understanding the system from both sides.
Example: A client with healthcare fraud charges faced 87 months. The government opposed house arrest, citing loss amount and victim impact. We knew the prosecutor – had worked cases together. We understood their concerns and addressed each one:
Result: 12 months house arrest after serving minimum time. The prosecutor ultimately didn’t object to our amended proposal.
We track our outcomes:
These aren’t guarantees – every case differs. But experience matters when your freedom’s at stake. When you hire Spodek Law Group, you’re hiring a team that gets results.
Getting house arrest is only half the battle – keeping it requires constant vigilance. If the violation is nontechnical in nature, the Director of the Bureau of Prisons shall revoke the prisoner’s prerelease custody.
“Nontechnical” includes:
But many violations fall in gray areas. We’ve successfully defended:
The key is immediate response. When monitors alert, when officers call, when violations are alleged – you need counsel immediately. Waiting even 24 hours can mean the difference between continued house arrest and prison return.
If you’re facing federal charges or currently incarcerated, house arrest planning should start now. The earlier you prepare, the better your chances. Document everything:
Don’t wait for your case manager to help – they’re overworked and under-motivated. Take control of your future.
Look, the federal system doesn’t make sense half the time. You’ll encounter rules that contradict each other , guidance that changes daily, and case managers who give different answers to the same question. That’s why documentation is crucial – when they claim you didn’t request something, you need proof.
We recently had a client who requested house arrest evaluation six times. Each time, staff “lost” the request. On the seventh attempt, we hand-delivered copies to the unit manager, case manager, and warden’s office – and sent certified mail copies. Suddenly, they “found” all the previous requests.This shouldn’t be necessary, but it is.
Successful house arrest applications require:
This process typically takes 6-12 months. Starting late means missing your window. We begin house arrest planning at sentencing – sometimes earlier.
Certain factors virtually guarantee house arrest denial:
If these apply , we need alternative strategies. Sometimes it’s building a longer track record. Other times it’s legal challenges to classification decisions. Every situation has options – but only if you know where to look.
House arrest for federal offenses isn’t guaranteed – its earned through careful planning, aggressive advocacy, and experienced representation. The system is designed to keep you in prison, not let you out early. Every form, every deadline, every requirement is a potential trap.
At the federal level, house arrest is typically reserved for non-violent offenses such as white-collar federal crimes, certain drug offenses, and other cases where traditional incarceration may be considered unnecessarily harsh. But “typically” doesn’t mean “exclusively.” We’ve secured house arrest for clients others wrote off.
Whether you’re fighting for initial placement or defending against revocation, you need attorneys who understand both the law and the politics. The BOP responds to strength, preparation, and persistence. Half measures don’t work.
When your life, reputation, and livelihood is on the line, you can’t afford mistakes. One wrong filing, one missed deadline, one poor argument before the unit team – and you’re serving every day in federal prison.
Spodek Law Group has the experience, connections, and track record to maximize your chances. We’re available 24/7 because crises don’t wait for business hours. Our white-glove service means you’re never just a case number.
From the Southern District of New York to the Central District of California, we’ve fought these battles nationwide. Federal law is federal law – but each district has quirks, preferences, and unwritten rules. We know them all.
Don’t wait for the perfect time – it doesn’t exist. Every day you delay is a day closer to missing your opportunity. The BOP doesn’t care about your timeline.They care about theirs.
Call 212-210-1851 now for your risk-free consultation. We’ll review your case, calculate your eligibility, and develop a strategic plan. If house arrest is possible, we’ll make it happen. If it’s not, we’ll find alternatives.
House arrest isn’t just about avoiding prison – it’s about:
These benefits are worth fighting for.But you can’t do it alone. The federal system is too complex, too political, too stacked against you.
Yeah, it sounds scary but federal house arrest is still confinement. You’re not free – you’re just serving time in a bigger cell. Pursuant to law, we’re gonna fight for every opportunity, but you need realistic expectations.
The statistics tell the story: thousands of eligible inmates never get house arrest. Why? Because they waited too long, filed wrong paperwork, or trusted the wrong attorneys. Some get bad advice on Quora forums or follow outdated Avvo articles about federal sentencing. Generic information won’t save you – you need customized strategies.
As a practical matter, the system is rigged against you. It is not uncommon for the BOP to deny obviously eligible candidates. They’ll claim administrative reasons, cite obscure policies, or simply delay until your window closes. Thats where we come in.
Nobody talks about the politics, but they matter. Wardens have quotas – unofficial ones. Too many house arrest placements and they look “soft.” Case managers face pressure to keep numbers down. Regional offices track statistics and question facilities with high placement rates.
We know these dynamics because we’ve worked both sides. The jurisprudence says you’re screwed without proper representation. Sorry if that didn’t make sense, but it’s the truth. Federal judges see thousands of cases – yours needs to stand out for the right reasons.
We never lose sight of what matters – your freedom. Our success rate speaks for itself, though every case is unique. We’re available 24/7 but maintain regular business hours for court filings. This is no case too complex for our selective practice.
Consider this: two identical defendants, same crime, same sentence, same facility. One gets house arrest after 85% time served. The other serves every day behind bars. The difference? Quality of advocacy. The defendant, who got busted with the better lawyer, goes home.
In Manhattan federal courts, judges are more likely to impose house arrest at sentencing. On Staten Island, you might face tougher standards. The 495 through Queens means different U.S. Attorney’s offices with different policies.
Southern District versus Eastern District versus New Jersey – each has unwritten rules about house arrest. We know them all. Our presence in NYC, Brooklyn, Queens gives us daily exposure to these variations. When your freedom depends on knowing which judge favors house arrest, which prosecutor objects reflexively, which probation officers recommend favorably – experience is everything.
Yeah, I get why you’d worry about choosing the wrong firm. There are mills out there, churning through cases without caring about outcomes. They promise house arrest to everyone, deliver to no one. We’re selective – we take cases we can win. When you need a rock star attorney who can navigate the chess game of your legal journey, you need Spodek Law Group. Our team is a well-oiled machine ready for battle.
Modern house arrest uses sophisticated technology that goes beyond simple ankle bracelets. The current systems include:
GPS Monitoring: Real-time tracking with 3-meter accuracy RF Monitoring: Home-based units detecting presence Alcohol Monitoring: SCRAM devices testing perspiration
Voice Verification: Random calls requiring voice response Facial Recognition: Video check-ins via smartphone apps
Each technology has vulnerabilities and false positive rates. We’ve seen GPS units show clients in different states while they slept. RF monitors triggered by microwave ovens. SCRAM devices detecting alcohol from hand sanitizer.
Understanding these technical aspects helps prevent violations. More importantly, it helps defend against false accusations. When the government claims you violated based on technology, we can poke holes in their evidence.
Here’s what a typical day on federal house arrest looks like:
6:00 AM: Wake up for mandatory check-in call 7:00 AM: 1-hour window for approved exercise 8:00 AM – 5:00 PM: Work hours (if approved) 5:30 PM: Return home, verify arrival 6:00 PM – 7:00 PM: Approved shopping/errands 7:00 PM – 6:00 AM: Lockdown hours Random: Breathalyzer tests, officer visits
Miss any component and you risk violation. The stress is constant – every trip outside requires permission, documentation, and anxiety about technical failures.
Some clients describe it as worse than prison. At least in prison, you know the rules are consistent. House arrest rules change based on officer mood, equipment functionality, and bureaucratic whims.
Beyond the $6,000-15,000 annual monitoring costs, house arrest creates hidden financial burdens:
One client, a former Wall Street executive, calculated his total house arrest costs at $47,000 for 18 months. That’s on top of restitution, fines, and legal fees. The government doesn’t care if you go bankrupt – they want their money regardless.
We help structure payment plans that courts accept while preserving your ability to survive financially. It’s a delicate balance many attorneys ignore, focusing only on getting house arrest without considering sustainability.
The pandemic changed everything for medical-based house arrest. Courts recognized vulnerable populations faced death sentences in crowded facilities. That precedent remains useful today, though judges apply it less liberally.
Successful medical arguments require specificity. “Diabetes” isn’t enough – you need “Type 1 diabetes with neuropathy, requiring focusd wound care unavailable in BOP facilities.” We work with medical experts who understand both community standards and prison healthcare limitations.
The BOP medical system is notoriously inadequate. Recent DOJ Office of Inspector General reports document systemic failures in prisoner healthcare. We use these reports , combined with your specific medical records, to build compelling cases.
Age alone rarely suffices. But age combined with medical conditions, family needs, and low recidivism risk creates a powerful argument. The aforementioned factors must be documented thoroughly – conclusory statements fail.
The First Step Act expanded compassionate release by allowing prisoners to petition courts directly after exhausting administrative remedies. Previously, only the BOP could initiate these requests – and they rarely did.
Now, after 30 days of BOP inaction, you can go straight to court. This change is a game-changer for medical house arrest requests. We’ve secured releases for clients with:
The key is medical documentation showing the BOP cannot provide adequate care. Prison medical records often help our case – they document delays, denials, and inadequate treatment that support release arguments.
“Extraordinary and compelling” family circumstances can justify house arrest. Successful arguments we’ve made include:
These arguments require extensive documentation: medical records , social services reports, letters from teachers/counselors, financial records showing no alternatives. The government will argue family hardship is common among prisoners – you must show yours is truly extraordinary.
Before courts consider house arrest requests, you must exhaust administrative remedies through the BOP system. This means:
Each level has strict deadlines and format requirements. Miss one detail and they reject on technicalities, forcing you to start over. We’ve seen the BOP take 6-8 months to process appeals – time you can’t afford to waste.
Irrespective of the merits, the BOP usually denies initial requests. They force you through the full process, hoping you’ll give up or miss deadlines. Persistence pays, but only with proper documentation at each stage.
Accordingly, we often file parallel tracks: administrative remedies through BOP while preparing court filings. When the BOP finally denies (as expected), we’re ready for immediate court action.
Timing matters enormously. File too early and courts dismiss for failure to exhaust. File too late and you’ve missed your window for meaningful relief. Optimal timing depends on:
We track BOP processing times by facility and region. Some move quickly (2-3 months total), others deliberately delay (8-12 months). Knowing these patterns helps plan strategically.
When direct house arrest isn’t available, halfway houses (Residential Reentry Centers) offer a stepping stone. These facilities allow work release, family visits, and gradual reintegration while maintaining custody.
But halfway houses have their own problems:
Many clients find halfway houses more restrictive than helpful. You’re surrounded by people at various stages of reentry, including some who don’t care about violations. Their mistakes can affect your standing.
If halfway house is your only option, success requires:
We prepare clients for halfway house realities. It’s not freedom – it’s a test. Pass the test and home confinement often follows. Fail and you return to prison, possibly losing good time credits. We’ve seen defendants in over their head trying to navigate this alone. Don’t let that be you – we can help you succeed.
Nonetheless, understanding these requirements is crucial. In essence, the system seeks to set you up for failure.
The staff at halfway houses are typically contractors, not BOP employees. They have different training, motivations, and accountability. Understanding these dynamics helps navigate successfully.
Many people confuse state and federal house arrest rules. Federal rules are generally stricter, with less flexibility and harsher violation consequences. Key differences include:
Federal System:
State Systems:
If you’re facing both state and federal charges, sequencing matters. Sometimes serving state time first positions you better for federal house arrest. Other times, concurrent sentences maximize home confinement opportunities.
Federal house arrest can transfer between districts, but it’s complicated. You need:
We’ve facilitated transfers for job relocations, family emergencies, and medical care access. The process typically takes 60-90 days minimum. Plan ahead or risk denial.
Some districts are more transfer-friendly than others. The Southern District of Florida readily accepts transfers from cold climates for elderly defendants. The Northern District of Illinois often resists incoming transfers without strong Chicago-area ties.
Electronic monitoring equipment fails regularly. When it does, you’re presumed guilty until proven innocent. Common failures include:
GPS Drift: Unit shows movement while stationary Battery Death: Despite charging, units die unexpectedly Signal Loss: Buildings, weather interfere with transmission Software Glitches: System shows violations that didn’t occur Equipment Damage: Normal wear causes malfunction
Document everything. Photograph charging setups. Screenshot phone apps. Keep logs of all equipment issues. When violations are alleged, this documentation saves you.
We’ve defended hundreds of false technology violations. The key is immediate response – within hours, not days. Delay suggests guilt, even when you’re innocent. Our 24/7 availability means clients call us immediately when monitors alarm.
If violated, you face administrative hearings with limited due process rights. The government needs only “some evidence” – far below criminal standards. Hearsay is admissible. You have no right to counsel (though you can retain one).
Successful defenses require:
Never admit violations hoping for leniency. Admissions can be used in future proceedings, including new criminal charges. Let us evaluate evidence and develop defense strategies before responding. That being said, when you’re facing these complex situations, we can help you make the right decisions.
In order to succeed, you need attorneys who understand the system inside and out. We can help you.
House arrest for federal offenses represents hope – imperfect, restricted, monitored hope, but hope nonetheless. The path from federal prison to your living room is fraught with obstacles, technical requirements, and arbitrary denials. But it’s possible.
Success requires more than meeting statutory requirements. You need advocacy that understands both written rules and unwritten customs. You need attorneys who know which arguments work with specific judges, which medical conditions trigger compassion, which family circumstances compel action.
Most importantly, you need to act. The system won’t help you.Case managers won’t advocate for you. The BOP won’t volunteer options. Only aggressive, knowledgeable representation gets results.
At Spodek Law Group, we don’t just file paperwork – we wage campaigns. From initial eligibility assessment through violation defense, we’re with you. Our track record speaks for itself, but past results don’t guarantee future outcomes. What we do guarantee is maximum effort, strategic thinking, and relentless advocacy.
Federal house arrest isn’t perfect. You’ll face restrictions, costs, and constant monitoring. But compared to federal prison, it’s freedom. Freedom to hug your children. Freedom to work and provide. Freedom to get medical care that actually helps. Freedom to rebuild your life.
That freedom is worth fighting for. Every day, eligible defendants serve unnecessary prison time because they didn’t know their options or trusted the wrong advocates. Don’t be another statistic.
The choice is yours: accept the system’s default of maximum incarceration, or fight for every day of freedom available under law. We know which choice we’d make. We know which choice our hundreds of successful house arrest clients made.
Call 212-210-1851 today. Let’s discuss your options, honestly and directly. If house arrest is possible, we’ll get it. If it’s not currently possible, we’ll create a path to make it possible. Either way, you’ll know where you stand and what’s achievable.
Remember: the federal system is designed to incarcerate, not rehabilitate. House arrest disrupts that design. It saves taxpayer money while preserving families and futures. But it requires fighting a system that profits from your incarceration.
We’re ready for that fight. Are you?
Spodek Law Group
Federal Criminal Defense Attorneys
Available 24/7
212-210-1851
This article provides general information about federal house arrest. Every case is unique. Consult with qualified legal counsel about your specific situation. Prior results do not guarantee similar outcomes. Attorney advertising.