Charlotte Criminal Lawyer Blog
Do I Qualify for Electronic Monitoring Instead of Jail?
If you are convicted of a crime, you will face a variety of potential penalties. The sentence may include fines, jail time, education classes, rehab, community service, and probation, among others. The judge usually has some discretion when it comes to sentencing. Rather than spend time in confinement, you may wonder whether you are able to remain out of jail with a restriction of electronic monitoring instead. An experienced criminal defense attorney not only helps to defend your case but also assists with representation through sentencing.
What is Electronic Monitoring?
Electronic monitoring is also sometimes called electronic incarceration. It utilizes an electronic device to monitor a person’s location. The device often attaches to the ankle, and some people call it “ankle monitoring”. Electronic monitoring allows the judicial system to maintain control over a person without having them in a traditional jail. It is typically used as a form of punishment as well as a deterrent and safety measure for victims and for the general community.
How Does Electronic Monitoring Work?
The North Carolina electronic monitoring program uses GPS tracking to monitor offenders. A monitoring device may be utilized for pretrial release or for monitoring convicted offenders. The program is typically used for individuals convicted of abuse, stalking, or sex crimes. The Criminal Justice Information Network (CJIN) manages the program in North Carolina.
The device is locked into place and provides ongoing real-time location monitoring to ensure that an individual remains within a specific geographic location. The device may be paired with an alert device for victims of offenders of specific crimes. A judge may order house arrest or home confinement, which requires an individual to remain in a specific residence. The judge may grant exceptions for work, school, doctor’s appointments, and other needs.
Who Qualifies for Electronic Monitoring?
Not everyone qualifies for electronic monitoring. To be eligible, you must not have committed a violent crime or be considered a risk to public safety. You will need to submit an application to the court requesting consideration for electronic monitoring. The judge will review the totality of factors in the case and will make a determination. If approved, you will need to pay for the associated costs and, in some cases, may also need to post a bond. You must also agree to the conditions of the program.
Violation of Conditions
While you participate in the program, you must comply with all the conditions and typically must report on a regular basis or submit to drug testing per your court order. The violation of the conditions of electronic monitoring is taken seriously. If you fail to follow the rules or conditions of monitoring, you could lose the ability to continue participation in the program. If you are on electronic monitoring instead of a jail sentence and you violate the conditions, you are subject to incarceration for the remainder of your sentence. Similarly, if you remove the device, such as by cutting the monitor off, you are also subject to penalties.
Electronic monitoring may be a viable option, especially for first-time offenders of non-violent crimes. Speak to our knowledgeable legal team to learn how we can help you request electronic monitoring. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may face include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in defense of those facing criminal charges.
Source:
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-101.1.html
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