A GPS monitoring device is a beacon that attaches to one of your ankles. The device monitors where you are at all times. It is a two by three inch plastic box with a rubber strap that wraps around your ankle. You cannot take it off or shut it off. The only thing you can do is recharge it, and that is your responsibility. The GPS monitoring bracelet is a condition a judge can impose:
The court will demand or require that the bracelet be placed on the individual prior to being released. For example, if someone is in custody the judge will order that the Probation Department put the bracelet on before the person leaves the courthouse. If the person is in jail, they will be required to stay in jail until the jail brings them to the courthouse to install the device. Sometimes the Probation Department does not have a unit available to place on a person. In those cases the person will remain in jail until one is available. A person could wait up to one to two days in jail before obtaining one.
A judge will determine the rules of the GPS bracelet. Fortunately, your attorney will work to minimize the restrictions the judge may place on you. A judge could restrict you to your home for 24 hours a day, otherwise known as house arrest. A judge could also place a curfew on you to ensure you are home by certain hours of the day. Finally a judge could order you to stay away from a certain geographic area. This area is often where the alleged victim of the case resides.
A GPS bracelet could be installed at an arraignment. It could also be installed after the judge places a person on probation once the case has concluded. The bracelet will stay on for as long as the judge orders it to be on. This depends on how long the case is pending. It could be months or years. If the bracelet is placed on as a condition of probation, this could extend to up to ten years or more.
There are circumstances where those conditions can be changed. As the case proceeds through court, if there is a change in circumstances (like the case becomes weaker or some time passes), the defendant can ask the judge for a reconsideration of a condition or an amendment. It is ideal not to have a bracelet. However, if a judge orders you to wear one, keep in mind that the alternative was probably jail.
IF YOU OR A LOVED ONE HAVE QUESTIONS ABOUT GPS MONITORING DEVICES, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.