While house arrest in Texas is certainly better than a jail cell, it comes with strict rules, electronic monitoring, and limitations that can feel just as confining as prison walls. If you’re facing criminal charges, qualifying for house arrest could keep you out of county lockup while you fight your case or serve your sentence.
House arrest in Texas may result from:
- Nonviolent felonies
- DWI and drug possession charges
- Theft and property crimes
- White-collar offenses
- Some assault charges (depending on severity)
- Probation violations
The reality is that getting house arrest isn’t automatic — or even easy — and prosecutors don’t just hand it out. You need an attorney who knows how to argue for alternative sentencing and who has the track record to back it up.
Mark Thiessen and Thiessen Law Firm have secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious charges across Texas. If you or a loved one is facing criminal charges and want to explore every possible option to stay out of jail, call Mark Thiessen today at (713) 864-9000 for aggressive defense.
Why would someone be put in house arrest?
House arrest isn’t just randomly assigned — it’s typically offered as an alternative to incarceration when the court believes you’re not a danger to society but still need supervision. Judges and prosecutors consider house arrest in specific situations where it makes sense for both the defendant and the system (and let’s be honest, when jails are overcrowded and they need the space).
Common situations where house arrest may be granted:
- You’re a first-time offender with no prior criminal history
- Your charge is nonviolent, like a first-time DWI in Texas or drug possession
- You have strong community ties, employment, or family obligations
- You need to maintain your job to support your family or pay restitution
- Jail overcrowding makes alternative sentencing more appealing to the court
- You have medical conditions that make incarceration difficult or expensive for the county
- You’re awaiting trial and house arrest is offered as a condition of bond
- You’re serving probation or deferred adjudication and house arrest is part of the deal
- Your charge involves something like a first-time assault charge in Texas where circumstances show you’re not a repeat danger
The bottom line? House arrest is usually reserved for people who the court believes can be trusted to follow the rules without sitting in a cell. It’s a privilege, not a right, and you’ll need to prove you’re a good candidate — which is why having a skilled attorney is essential.
What crimes get you house arrest in Texas?
Not all crimes are created equal when it comes to house arrest eligibility. Generally speaking, house arrest is reserved for nonviolent offenses or lower-level felonies where the defendant doesn’t pose a significant threat to public safety.
If you’re facing a felony indictment, whether you qualify for house arrest depends heavily on the nature of the charge and your criminal history.
Crimes that may qualify for house arrest in Texas:
- DWI (especially first or second offense)
- Drug possession (personal use amounts)
- Theft and shoplifting
- Fraud and white-collar crimes
- Check forgery or credit card abuse
- Property crimes and criminal mischief
- Nonviolent assault charges
- Probation violations for eligible offenses
- Burglary (depending on circumstances and criminal history)
- Some lower-level drug distribution charges
Crimes that typically DO NOT qualify for house arrest:
- Murder (no degree of murder in Texas qualifies for house arrest)
- Sexual assault and sex crimes
- Aggravated robbery or aggravated assault
- Kidnapping
- Violent crimes with weapons
- Crimes against children
- Gang-related offenses
- Repeat violent offender charges
Here’s the reality: even if your charge falls into the “maybe” category, getting house arrest isn’t guaranteed. The court considers your entire situation — your criminal history, the specific facts of your case, whether you’re a flight risk, and whether the prosecutor is willing to agree to it.
How to get house arrest instead of jail time
Getting house arrest instead of sitting in a jail cell isn’t as simple as asking nicely. The court needs to be convinced that you’re a good candidate, and that usually requires strategic negotiation from your attorney, a solid plan, and proof that you won’t be a problem.
The following things may increase your chances of getting house arrest:
- Hire an experienced criminal defense attorney
- Show that you have a stable home, steady employment, family obligations, and roots in the community that make you unlikely to flee.
- You’ll need a specific address where you’ll be monitored, proof of residence, and sometimes consent from others living there.
- Show you can afford monitoring costs (about $10 – $15 per day)
- Courts are more likely to approve house arrest if you’re working or in school — it shows responsibility and gives you a reason to stay compliant.
- Negotiate early in the process
- Have a clean record (or at least a nonviolent one)
- Be willing to accept strict conditions (curfews, location restrictions, regular check-ins, drug testing, and more)
Getting house arrest requires more than just qualifying on paper. You need an attorney who knows how to negotiate with prosecutors, present your case in the best possible light, and convince the court that house arrest is the right call. Judges have discretion here, and how your case is presented can make or break your chances.
Texas house arrest rules
Let’s be clear: house arrest isn’t a vacation. While you’re not behind bars, you’re still under constant supervision, and the rules are strict. One wrong move — even an innocent mistake — can land you right back in jail, sometimes with additional charges tacked on.
Common house arrest rules in Texas:
- 24/7 electronic monitoring
- SCRAM bracelets for alcohol related charges
- Stay within approved boundaries
- Strict schedules
- No alcohol or drugs
- Random drug testing
- Pay for your own monitoring
- Curfews
- Limited visitors
- Regular check-ins
- No contact orders
- Maintain employment or education
What happens if you violate house arrest rules?
Here’s where things get ugly. Violate your house arrest conditions — even accidentally — and you’re likely headed straight back to jail with no second chances. Courts don’t mess around with house arrest violations because they gave you the privilege of staying home.
Common violations include:
- Leaving your approved zone
- Testing positive for drugs or alcohol
- Missing check-ins
- Tampering with your monitor
When you violate house arrest, you’ll typically face a probation violation hearing where the judge decides your fate. Best case scenario? They give you another chance with stricter conditions. Worst case? You serve the rest of your sentence in jail, plus potential additional time for the violation itself.
Does house arrest count as time served in Texas?
The short answer? It depends. Whether house arrest counts as time served in Texas isn’t a simple yes or no — it depends on how the house arrest was ordered and what type of sentence you’re serving. And of course, because this is the criminal justice system, nothing is straightforward.
When house arrest DOES COUNT as time served:
- If you’re on house arrest as a condition of pretrial detention. If a judge orders house arrest as part of your bond conditions while you’re awaiting trial, this time typically counts as “jail credit” that can be applied toward any future sentence. Even if you’re acquitted at trial, you’ll have already served time on house arrest — but at least you walked away without a conviction.
- If house arrest is part of your sentence. When a judge sentences you to a specific term and allows you to serve it on house arrest instead of in jail, that time counts day-for-day as time served.
- If you’re serving county jail time at home. Some counties allow defendants to serve short jail sentences (usually misdemeanors) through house arrest programs. This counts as time served.
When house arrest does NOT count as time served:
- If you’re on probation with house arrest as a condition. Probation is not jail time — it’s supervised release. House arrest as a probation condition doesn’t count as time served toward any underlying sentence.
- If you’re on house arrest during deferred adjudication. Since deferred adjudication isn’t technically a conviction or sentence, the time you spend on house arrest during this period doesn’t count as jail credit.
| The bottom line: The way your house arrest is structured in your court order determines whether it counts as time served. This is yet another reason why having an experienced attorney negotiate the terms of your house arrest is so important. The wording in your sentencing order can make a massive difference in how much credit you receive and what happens if you violate the terms. |
Don’t assume anything — and make sure you understand exactly how your house arrest time will be credited before you agree to anything.
House arrest in Texas — FAQs
Can you leave your house on house arrest in Texas?
Yes, but only for pre-approved reasons and locations. You can typically leave for work, school, medical appointments, court appearances, and religious services, but you’ll need permission from your supervising officer and must stick to an approved schedule. Show up late, take a detour, or go somewhere that wasn’t approved? That’s a violation, and violations mean jail time.
How long does house arrest last in Texas?
The length varies widely depending on your situation — it could be weeks, months, or even years. If house arrest is part of your bond conditions while awaiting trial, it lasts until your case is resolved. If it’s part of a sentence or probation, the duration depends on the judge’s order and the terms of your specific case.
Can you work while on house arrest in Texas?
Yes, maintaining employment is typically allowed and often required — courts understand you need income to support yourself and pay monitoring fees. Your work schedule must be pre-approved with documentation, and you’re expected to go directly to work and come directly home. Any deviation from your approved route or schedule can result in a violation.
How much does house arrest cost in Texas?
Electronic monitoring fees typically run $10 – $15 per day, adding up to $300 – $450 per month, plus potential installation and administrative fees. If you’re required to wear SCRAM bracelets for alcohol monitoring, expect additional costs. These fees are your responsibility, and failure to pay them can result in a violation and a trip back to jail.
Can you go to the grocery store on house arrest?
Maybe — it depends on your specific conditions. Some programs allow pre-approved grocery trips on a scheduled basis with specific time windows and approved stores, while others don’t allow them at all. The best approach is to have family or friends handle shopping to avoid any risk of violating your terms.
House arrest is better than jail — but getting your charges dropped is even better.
Understanding the ins and outs of house arrest in Texas is important if you’re facing criminal charges, but here’s what’s even more important: house arrest is still a conviction in most cases, and a conviction follows you for life. You shouldn’t be fighting for an ankle monitor instead of a jail cell — you should be fighting to get your charges dismissed or reduced so you can walk away without a record at all.
That’s where Thiessen Law Firm comes in. We don’t just settle for the easiest option; we fight for the best option. Whether that means arguing for house arrest as a last resort or taking your case to trial and getting a Not Guilty verdict, our goal is always the same: keep you out of jail and keep your record clean. Mark Thiessen and Thiessen Law Firm have secured 140+ Not Guilty verdicts and thousands of dismissals for clients across Texas. We know how to challenge evidence, negotiate with prosecutors, and present your case in a way that gets results.
Don’t leave your future to chance or settle for whatever the prosecutor offers. If you or a loved one is facing criminal charges, call Thiessen Law Firm at (713) 864-9000 or contact us online to start building your defense today.
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