After a defendant pleads guilty or is found guilty after a trial, she may be sentenced to a period of jail with probation to follow. If the appropriate sentence is 90 days or less, and she has a job during the week, she may be able to go to jail on weekends until her 90 days are served. If she fails to turn up one weekend, she will be charged with Unlawfully at Large and have a further charge and additional time – which will probably not be weekends.
Or a defendant may be sentenced to house arrest – a conditional sentence. This requires the person to remain home except for specific exceptions, such as work, religious worship, counselling, probation, shopping for essentials. Again it is important that the conditions be followed because a breach of a conditional sentence brings the defendant back before the same judge who can order that he spend the rest of his house arrest sentence in actual jail.
Please contact our office to get legal advice about your specific case. 416-469-3443.