It depends on the case.

If a defendant is sentenced to jail in a Nevada misdemeanor case, the defense attorney can always ask the judge if he/she would allow the defendant to do the time at home instead. Defendants with an otherwise clean record are more likely candidates for “house arrest” (also called “home confinement”) in Nevada than those with a criminal history. House arrest is also a typical sentencing term of both misdemeanor and felony Nevada DUI Court programs.

House arrest in Nevada can be expensive for the defendant. He/she has to pay for and wear an electronic monitoring device so that the state can track his/her movements. And the defendant is subject to unscheduled visits from probation officers and drug testing. Furthermore, violating the terms of house arrest in Nevada could result in increased jail time.

House arrest can also be an option for some defendants still awaiting trial in Nevada: If the judge believes the defendant does not need to be in jail but should not be at liberty either, the judge may order that the defendant stays at home with electronic monitoring pending the result of the trial. This typically happens in high-profile white-collar crime cases. Read more information about Nevada home confinement laws, and refer to our article, “What are Nevada sentencing hearings?“