Ankle monitors, also known as electronic monitoring devices, are sometimes used as an alternative to jail. Getting an ankle monitor instead of jail requires the court to agree that it’s the best way to achieve justice.
An ankle monitor lets you serve your sentence at home. Law enforcement can track your movements through the monitor to make sure you are staying within the boundaries set by your court order and adhering to curfews.
An ankle monitor can be a much better punishment than jail because you can maintain your home and still go to work. If you’re facing DUI charges, our Los Angeles DUI lawyers may be able to persuade the court to allow ankle monitoring instead of jail.
How Do I Qualify for an Ankle Monitor?
Not everyone can qualify for electronic monitoring. Some criminals need to be separated from society because of their danger. People eligible for ankle monitoring usually are:
- First-time offenders
- Non-violent offenders
- Given short sentences
The court has to assess whether or not you’re a risk to public safety before giving you an ankle monitor. There is also the practical concern of whether you live in a stable residence with a phone line for the monitoring equipment.
For a DUI offender, you’re much more likely to qualify for ankle monitoring if you do not get into a crash with someone. But it’s not a guarantee. It’s up to the court to give an offender an ankle monitor instead of jail in California.
How Can I Improve My Chances of Getting a Monitor?
Your life circumstances may move the court toward giving you an ankle monitor instead of going to jail. Circumstances in your favor include:
- Having a job or being enrolled in school
- Being the primary caregiver of a child or an elderly relative
- If you have medical conditions that would make home incarceration better than jail
Courts also like to see if you’re taking steps to improve yourself after your accident. If you’ve enrolled in a substance abuse program, started receiving counseling, or working to improve your community through service, they may be more lenient toward you.
Requesting an Ankle Monitor
Our DUI defense lawyers can determine if you’re a good candidate for ankle monitoring and file a motion with the court to request it. The court may order an investigation to see if you are a suitable candidate for electronic monitoring.
They will see if your home has the required infrastructure and get the permission of anyone else in the home to consent to live with someone under an electronic surveillance program. There may also be a hearing where your lawyer and the prosecutor will discuss whether you’re a suitable candidate.
Different Ankle Monitoring Programs
California has different ankle monitor programs that may apply to your sentence. The one with the most freedom lets you serve your sentence at home under electronic supervision. You’ll be limited to where you can go and what you can do, but you’ll have the comfort of home.
Another option is a work furlough program. This is a split between jail and freedom. The detention facility will let you leave to go to work or school, but you must return to the facility when you aren’t doing these.
A third option is split sentencing. Under this program, you stay in jail for part of your sentence and then use an ankle monitor for the rest. If you act with good behavior in jail, the odds increase that you could be released early through this program, though you will need to have a place to move to.
Downsides to Ankle Monitors
While an ankle monitor is preferable to jail, they do have downsides. It is still a punishment. First, you will need to maintain the equipment and pay for all monitoring costs. You must also comply with all conditions the court puts on you, similar to probation.
The constant monitoring can feel intrusive and raise privacy concerns, and the limitations on your movement and activities can feel restrictive. It can be hard to respond to emergencies if you’re wearing a monitor.
There’s also the chance of equipment failure sending a false notice of a violation. Violating your terms could send you immediately to jail or add additional punishments. You should learn who you need to contact if there is a problem with the device so you can avoid more trouble.
Conclusion
For some people, getting an ankle monitor instead of going to jail is a far better option. You can keep your job and your home and maintain your relationships. Being well-prepared and demonstrating a commitment to rehabilitation can significantly improve your chances of being granted electronic monitoring instead of jail time.
If you’re facing potential incarceration in California, consult with an experienced criminal defense attorney to explore whether electronic monitoring might be an option in your case. A Los Angeles DUI Lawyer is ready to help you. Call today for a free consultation.
