Ankle Monitor Tampering: Understanding The Legal Consequences

Ankle monitors are electronic monitoring devices used to keep tabs on individuals who are under house arrest or released on probation. While the use of ankle monitors allows individuals to avoid incarceration, it is crucial to understand the consequences of tampering with or removing these devices. In this regard, the penalties for cutting off an ankle monitor can vary depending on the jurisdiction and the specifics of the case. However, it is generally considered a serious offence that can result in legal repercussions, including potential jail time, additional charges, and financial penalties.

Criminal damage of state property

Ankle monitors are court-ordered electronic devices used to monitor offenders and ensure they do not travel outside a specified boundary. They are typically used for individuals released on parole or probation, those considered a flight risk, or those charged with a sex offense or drug crime.

Tampering with an ankle monitor can result in various penalties, including criminal charges. In Texas, for example, a law passed in 2023 (SB 1004) made ankle monitor tampering a state jail felony, with penalties ranging from 30 days in county jail to 25 years in prison. Similarly, in Florida, tampering with or attempting to circumvent an ankle bracelet is considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. This conviction can also contribute to a habitual offender status, leading to enhanced penalties for repeat offenders.

The consequences of cutting off an ankle monitor can vary depending on the jurisdiction and the specific circumstances of the case. In general, it is considered a serious offense and can result in criminal charges, including charges for criminal damage to state property. It is advisable to consult with a criminal defense attorney to understand the specific penalties that may apply.

The cost of the ankle bracelet may also be a factor in the penalty. The price of the device can influence the severity of the charges and the additional time added to the sentence. Furthermore, individuals may be required to pay for the cost of the ankle monitoring device itself.

Additional jail time

The consequences of cutting off an ankle monitor can vary depending on the circumstances and location. However, it is important to note that doing so can result in additional jail time.

If an individual is serving a sentence that includes a period of house arrest with an ankle monitor, removing or tampering with the device can result in a violation of the terms of their probation. This may lead to serving the full sentence in jail rather than on house arrest. In some cases, additional charges may be brought, such as tampering with the bracelet and criminal damage to state property, which could result in further jail time.

The financial cost of damaging or destroying the ankle monitor will also be incurred by the individual. The price of the device can vary, but it is typically expensive, and the offender will be responsible for covering the cost.

In some jurisdictions, the consequences may depend on local practices and the discretion of the judge. It is possible that an individual could be required to serve the remaining portion of their current sentence or face a violation of probation, resulting in additional jail time.

It is important to note that the specific penalties can vary, and seeking legal advice from a licensed attorney in the relevant jurisdiction is highly recommended. Each case is unique, and an attorney can provide guidance based on the specific circumstances and local laws.

Vandalism

The consequences of vandalism related to ankle monitors can vary depending on the jurisdiction and the specific circumstances of the case. In some cases, vandalism of an ankle monitor may result in additional criminal charges, such as tampering with an electronic monitoring device or criminal damage to state property. These charges can carry significant penalties, including fines and imprisonment.

For example, in Florida, tampering with or attempting to circumvent an ankle bracelet is considered a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000. Additionally, this conviction can contribute to a habitual offender status, which could result in enhanced penalties for repeat offenders.

It is important to note that the penalties for vandalism related to ankle monitors may be in addition to any other consequences arising from violating the terms of one's probation, parole, or pretrial release. Individuals may be required to serve the remainder of their sentence in prison and may face other legal consequences.

The specific penalties for vandalism related to ankle monitors can vary depending on local laws and the discretion of the judge overseeing the case. It is always advisable to seek legal counsel from a licensed attorney in your jurisdiction to understand the potential consequences of any legal action.

Cost of the device

The cost of an ankle monitor depends on several factors, including the state, the type of device, and whether the wearer is serving a sentence or on bond. The device can cost the government between $800 and $1,500 per device.

In most cases, the wearer is responsible for paying a daily usage fee, typically between $5 and $20 per day, plus a one-time setup fee ranging from $100 to $200. The daily fee helps cover the cost of monitoring, which can be done by a private company or a government agency. In some cases, the wearer may also be charged a monthly fee, typically between $30 and $60, which is paid to the probation company supervising the bracelet.

For example, in La Crosse County, Wisconsin, offenders must pay a daily monitor fee of $7 if they are on bond or $12 if they are serving a sentence. In Riverside County, California, the daily fee is $7 for a regular unit and $12 for a cellular unit. In Augusta, Georgia, a man paid $12 per day for a bracelet with a breathalyser, plus a $50 setup fee and a $39 monthly fee to a probation company.

The total cost of electronic monitoring can be significant, especially for those who are required to wear the device for extended periods or even lifetimes. In addition to the daily and setup fees, there may be additional costs for things like monthly fees, battery replacement, and maintenance.

It is worth noting that in some cases, the cost of the ankle monitor may be waived or reduced based on the wearer's income or inability to pay. Some states offer sliding-scale fees or income-based payment plans to help make the cost of monitoring more affordable.

Resisting arrest

In the context of ankle monitors, resisting arrest can take the form of tampering with or destroying the monitoring device. Ankle monitors are often used as an alternative to pre-trial detention or as a condition of probation for individuals who are deemed a low-risk to the public. By cutting off or damaging their ankle monitor, individuals are not only violating the terms of their release but also committing a new criminal offence.

The penalties for resisting arrest while on ankle monitoring can include:

• Additional charges: Depending on the jurisdiction, individuals may face charges for tampering with or destroying state property, criminal damage, or vandalism.
• Prison sentence: Resisting arrest can result in a prison sentence, particularly if the individual was already on probation or had a suspended sentence.
• Full sentence: If the ankle monitor was a condition of probation, cutting it off could result in the individual serving the full sentence that was originally suspended.
• Financial penalties: Individuals may be required to pay for the cost of the ankle monitoring device, as well as any associated fees for installation and daily GPS charges.
• Loss of good time credits: In some jurisdictions, individuals may lose any good time credits they had accrued towards an early release.
• Increased bail: Resisting arrest can also impact an individual's bail terms, leading to higher bail amounts or the revocation of bail.

It is important to note that the specific penalties for resisting arrest while on ankle monitoring can vary depending on the laws of the jurisdiction and the circumstances of the case. Individuals facing such charges should consult with a criminal defence attorney in their area to understand the potential consequences and explore possible defence strategies.

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