Knowing the difference between staying out of jail before trial and serving a sentence at home can go a long way, especially when it comes to house arrest vs community control.

When facing criminal charges in Florida, one of the most common questions we hear is:

“Can I serve my time at home instead of going to jail?”

The answer depends on where you are in the criminal process. Florida law recognizes two very different types of “house arrest”:

  1. Pretrial house arrest (electronic monitoring) - used before conviction as a condition of release.

  2. Community control - imposed after conviction as part of a sentence.

While both keep you confined to your home under supervision, the legal authority, eligibility, and consequences are very different. Understanding that difference is crucial, and may impact how your defense strategy is built.

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Table of Contents

1. Pretrial House Arrest (Electronic Monitoring)

Pretrial house arrest is not a sentence, it’s a form of pretrial release.

Under Florida Rule of Criminal Procedure 3.131 and §907.041, Fla. Stat., a judge can order a defendant to be released with conditions instead of remaining in jail while awaiting trial.

If you’re considered a flight risk or a danger to the community, the court may require electronic monitoring (house arrest) as a middle ground between incarceration and standard bond release.

How It Works

  • You remain confined to your home except for court-approved activities (work, school, medical appointments, attorney visits, etc.).

  • You’re monitored by GPS or electronic ankle bracelet.

  • You report regularly to pretrial services or a supervising officer.

  • Any unauthorized travel or tampering with the device can result in revocation of release and immediate incarceration.

Advantages of Pretrial House Arrest

  • Avoids sitting in jail while your case is pending.

  • Allows you to continue working or caring for your family.

  • Demonstrates to the court that you are taking your case seriously.

Risks

Violating pretrial house arrest can have serious consequences:

  • The judge may revoke bond and order you held without release.

  • Violations may hurt your credibility in plea negotiations or sentencing.

2. Community Control (Post-Conviction “House Arrest”)

Community control is often referred to as “house arrest,” but it is a sentence, not a pretrial condition.

Defined under §948.001(3), Fla. Stat., community control is:

“A form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by the Department of Corrections.”

Community control is generally imposed after conviction, either as:

  • A direct sentence (in place of jail or prison time), or

  • A probationary sentence following incarceration.

It’s typically reserved for defendants who need close supervision but who are not considered so dangerous that incarceration is the only option.

Common Conditions

Under §948.03, Fla. Stat., conditions may include:

  • 24-hour confinement to your home except for approved activities

  • Employment or job training requirements

  • Drug/alcohol testing and counseling

  • Electronic monitoring

  • Random officer visits

  • Restrictions on visitors or travel

Any violation of community control,  such as missing curfew, testing positive for drugs, or being late to work, can trigger a violation hearing under §948.06, Fla. Stat. The State need only prove a violation by a preponderance of the evidence, which is a lower standard than “beyond a reasonable doubt.”

Key Differences Between Pretrial House Arrest and Community Control

Feature Pretrial House Arrest Community Control (Post-Conviction)
Stage of Case Before conviction After conviction/sentencing
Legal Authority Rule 3.131 & §907.041, Fla. Stat. §948.001 & §948.03, Fla. Stat.
Supervising Agency County Pretrial Services / Sheriff’s Office Florida Department of Corrections
Purpose Condition of release pending trial Alternative to jail/prison
Violation Consequence Bond revoked; return to jail Violation hearing; possible incarceration
Duration Until trial or case resolution For the duration of the sentence (often 6–24 months)

Can House Arrest Help You Avoid Jail?

Absolutely, in the right circumstances.

Your attorney can argue for pretrial house arrest if:

  • You are not a flight risk,

  • You have strong community ties, and

  • The charges are non-violent or lower risk.

After sentencing, your lawyer may negotiate community control instead of incarceration, especially for first-time offenders or when mitigating factors exist.

At The Law Offices of Matthew Konecky, P.A., our criminal defense attorney have successfully helped clients in Palm Beach County obtain both pretrial release under electronic monitoring and community control sentences that allowed them to stay employed, remain with family, and rebuild their lives.

man in Palm Beach County on house arrest

Related Resources

Learn more about your rights and defense options in Florida:

Speak With a Palm Beach County Criminal Defense Lawyer

If you or a loved one is facing charges, you may have more options than you realize. Whether it’s fighting for pretrial release, negotiating community control, or defending against a violation, the right strategy can mean the difference between freedom and incarceration.

At The Law Offices of Matthew Konecky, P.A., we represent clients across Palm Beach Gardens, West Palm Beach, Jupiter, and throughout South Florida who need experienced, results-driven representation.

📞 Call (561) 671-5995 or contact us online for a confidential consultation today.

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