By Andrew Delaney
Mr. Pelletier just wants to go home. Unfortunately for Mr. Pelletier, he stands charged with first-degree murder.
As you may recall from another recent case involving the pretrial home detention statute, home confinement is allowed when a defendant is held in a “lack of bail” situation for more than seven days. There are three areas for a trial court to consider in determining whether to grant such a motion: (1) the offense’s nature; (2) prior convictions, history of violence, medical and mental health needs, supervision history, and risk of flight; and (3) risks or undue burdens associated with the placement.
Mr. Pelletier filed a motion for home confinement, proposing that he live at home and work on his 140-acre family farm. The trial court wasn’t sure that was such a hot idea because the GPS-monitoring system might not work with that large of an area.