When are electronic monitoring devices used?

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Question:

When are electronic monitoring devices used?

Answer:

In criminal cases that are pending trial, the judge may order the defendant to wear an electronic monitoring device as part of their pretrial supervision. They may be restricted to go to work, attend school, counseling sessions or other appointments required by the court. Their movements may be confined to a small geographical radius, which only allows them a minimal distance before the alarm sounds. The penalties for removing an electronic monitoring device can result in probation being revoked and a one-way ticket back to the slammer.

Electronic Monitoring Devices—An Alternative to Incarceration

There are many different types of electronic monitoring devices currently in use for many different reasons. Some of these include:

  • Global Positioning System (GPS)—The defendant’s movements can be tracked via satellite and reported at regular intervals. The device can be programmed to exclude certain areas and if the defendant enters an exclusion zone, the supervision unit is immediately notified.
  • Radio Frequency (RF)—This continuously verifies the presence or absence of the defendant at a specified location, such as their home. The defendant must have a stable address, a landline phone and a standard power source.
  • Transdermal Alcohol Monitoring—This type of device is used to analyze the individual’s skin to determine their blood alcohol content. Defendants who are ordered by the court to abstain from drinking may be required to wear one of these as part of their probation.
  • Ignition Interlock—Defendants who have been involved in a DUI may be required to install this device in their vehicle. The person must blow into the device before the engine will start. If they have any trace of alcohol in their bloodstream, the vehicle will fail to start.
  • Remote Alcohol Monitoring—This acts as a Breathalyzer monitor to randomly test a person while on house arrest. The defendant must submit to a preliminary breath test once the unit calls their home. It is equipped with a camera and can ask questions to verify the defendant’s identity.

Violating the Terms of Your Probation

Offenders who are sentenced to electronic monitoring must adhere to the terms of their probation at all times or risk going back to jail. Removing an electronic monitoring device or tampering with it may result in harsher penalties. If you have violated your probation or pretrial conditions, you should consult a criminal defense attorney immediately.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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