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An arrest for a crime can be life-changing, especially when you least expect it. The process that follows thereafter is nuanced and full of anxiety. Your pretrial detention could be extended if bail is expensive and you cannot afford the amount. If you are in this situation, your attorney can convince the court to closely monitor your release within your home in exchange for pretrial release without bail or a reduced bail amount. Electronic monitoring bail does not lead to total freedom pending trial, but it is better than becoming a pretrial detainee.
If ankle bracelet bail conditions are possible in your case, then you should understand how it works and its impact on your life upon release. GPS monitoring for bail is discussed, as well as how to leverage it to exit jail or hire a bail bonds service at a reduced collateral or lower bail bond premium.
Overview of Electronic Monitoring (EM) For Bail
Electronic monitoring enables the court to enforce pretrial release conditions after the defendant exits custody. It is not a pretrial release option but a condition for bail or release on own recognizance.
Instead of becoming a pretrial detainee, which increases the cost of running these facilities to the government and leads to congestion, they can order that you be released. However, you remain within your house or a restricted area upon securing freedom. Electronic monitoring using GPS or an ankle bracelet ensures you abide by this condition. If your movement is restricted, the judge is satisfied that you will return to court as scheduled and are not a threat to public safety or a flight risk.
Ankle bracelets are the most common electronic monitoring devices, worn around the clock, and are waterproof.
Reasons Courts Impose Electronic Monitoring Bail
Judges have the discretion to impose electronic monitoring bail for various offenses. The factors that influence the judge’s decision are:
The Defendant’s Risk of Fleeing Court Jurisdiction
When the court believes you will jump bail and flee town upon temporary release, but setting a hefty bail amount is insufficient to guarantee future court attendance, the judge can impose electronic monitoring bail to ensure you remain within the jurisdiction. So, when the court is denying you bail, citing flight risk, your attorney can recommend EM monitoring as a bail condition to compel the court to grant bail, as with the system, the chances of fleeing town are minimal.
Public Safety
The court can deny you bail because you threaten public safety. However, your attorney can convince the court to use GPS monitoring for bail as a common ground so that you enjoy your right to bail and the community or your victims remain safe. When you have an ankle bracelet or GPS monitor, you cannot leave your home or specific area, meaning that individuals who could be threatened by your freedom pending trial, like the victim or witnesses, will remain safe.
The Crime’s Nature
Judges can impose electronic monitoring bail in specific cases, like domestic violence, where they have issued a temporary restraining order. Upon the defendant’s release, it might be necessary to use EM to ensure the defendant stays away from the victim. Additionally, EM can be imposed as a bail condition in low-level nonviolent felonies, in particular financial crimes, and on habitual DUI offenders.
Jail Congestion
Many jails are struggling with congestion, with a large percentage of the inmates being pretrial detainees. Most pretrial detainees are in this position because they cannot afford the high bail the court sets. Therefore, judges can help decongest these facilities by lowering bail for defendants who agree to EM as a bail condition, lowering the initial cost of bail. That way, many defendants can obtain pretrial freedom at a low price without the court losing control over them.
Available Electronic Monitoring Systems
If EM prospects are in your bail, it is critical to understand the available systems. The type of EM the court imposes hinges on your perceived risk.
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Radio Frequency (RF) Monitoring
Judges use the RF system for house arrests. The system uses an ankle bracelet that relays information to a base unit connected to your telephone jack and the home’s electrical outlet. The unit establishes an exclusion zone ranging from 100 to 150 feet.
Also, the RF monitor has an alert system that is triggered whenever you enter the exclusion zone. The system is triggered because when you step out of the set radius, the ankle bracelet stops relaying information to the base unit in the house. There is a monitoring center available around the clock to monitor these systems. Whenever they receive an alert from your system, they call your phone to find out why. Afterward, they inform your bail bondsman or the court of any violation of the bail condition.
The challenge with RF is that it does not track your movement. It only monitors whether you are in or out of the inclusion zone. Therefore, it is suitable for house arrest only and cannot guarantee public safety or victims' safety, as it does not actively track the defendant’s movements.
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Global Positioning System (GPS) Monitoring
A GPS monitor is more advanced than an RF monitor, as it offers active tracking of the defendant. It uses an ankle bracelet mounted with an active tracker that uses GPS satellites and cellular towers to identify your location around the clock. The data collected by the tracker is relayed to a 24/7 monitoring center.
The GPS creates a virtual boundary with an inclusion and exclusion zone. The exclusion zone is the area you should not set foot in, such as a victim’s home, in DV cases, or a school, in offenses involving minors. Inclusion zones are the areas you must be in at specific times. These include the home or workplace. If you have a curfew, you must be home before certain hours.
When you are out of your home during curfew or away from work during work hours, the alert system alerts the monitoring center. The center keeps track of your movements in real time.
Effects of Ankle Bracelet Bail Conditions
Now that you understand the technical elements of EM, let us discuss how they impact your life. One, you cannot remove these bracelets; any attempts could trigger the alert system, leading to a violation. Additionally, the devices are visible and bulky, making them uncomfortable. The fact that you must wear it around the clock means it can also irritate your skin.
Similarly, it invades your privacy because the state keeps track of your movements. The constant surveillance can cause anxiety or a persistent feeling of judgment.
Also, it leads to social stigma as the bulkiness of the device makes it hard to conceal. You feel ashamed to interact with friends, relatives, and family, which could dent your relationships.
Furthermore, you cannot engage in spontaneous activities because your movements are restricted. You must be in the inclusion zones as stipulated, because even a delay caused by traffic can be deemed a violation.
Lastly, EM is expensive. Even though it can be utilized to lower the initial cost of bail, it can be costly in the long run because you must spend between $10 and $25 daily.
GPS Monitoring for Bail Bonds
Agreeing to EM will not only help lower the cost of bail. Even after the court reduces your bail, you can use this bail condition to negotiate affordable bail premium terms in the bail bond contract. While you will foot the cost associated with the monitoring, the bail bondsmen will lower your premium if EM is part of your bail conditions.
Obtaining lower bail bond premium rates is crucial in securing your freedom. When bail is considerably high, the 10% required by the bail bondsman as the cost of the services can be a colossal amount to afford. Therefore, you can leverage GPS monitoring for bail bonds to lower expenses or negotiate a flexible premium repayment plan. Besides, when EM is part of the bail conditions, you are more likely to qualify for no collateral bail if you satisfy other protocols.
Affordable Rates for EM Bail Bonds
The court can lower bail to make it affordable when you agree to electronic monitoring. Even though you will incur additional costs for the EM services, the initial cost of bail drops will make it affordable to secure pretrial release.
The same applies when you hire a bail bondsman to finance your release. Some bail bond firms offer discounts to defendants with legal representation and those who agree to pay the premium upfront within 72 hours. This can significantly lower the cost of the services. If you agree to ankle bracelet bail conditions, you will receive discounted rates because the risk of financing your pretrial release is minimal.
When evaluating quotes from various bail bondsmen, be careful of the lowest rates in the market because some companies could use them to attract clients and later increase the cost using hidden fees. The standard hidden fees a company can introduce are:
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Posting fees
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Annual renewal fees
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Notary fees
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Processing fees
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Interest on financing plans
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Late file fees
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Travel costs
Be on the lookout for these fees and avoid companies that charge them. Premium for bail bond must be a flat fee, paid once or on the schedule of repayment. The only additional fee you will pay is the monitoring fee, which will be included in the quote.
Consequences of Violating Ankle Bracelet Bail Conditions
Violation of ankle bracelet bail conditions can lead to serious problems with the authorities. The most common violations are:
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Tampering with or attempting to remove the ankle bracelet
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Voluntary entry into the exclusion zone or voluntary exit of the inclusion zone
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Voluntarily engaging in spontaneous activities outside your routine
Technical violations, like not recharging the bracelet and therefore accumulating a low battery, can also result in bail revocation, since it is essentially neglect on the part of the defendant.
You will be called by the monitoring agency when you break any of your ankle bracelet bail conditions. If they establish that it was done deliberately or by negligence, they will refer the matter to the local police, court, or the bail bondsman.
Depending on the circumstances of the violation, the court can issue a warrant for your arrest and revoke bail. When this happens, the bond the bail bondsman had deposited will be forfeited. The company will then come after the cash or property used to collateralize the bond and sell it to recoup losses.
Once your bail bondsman withdraws from the contract, you must find a new company to finance your release. Alternatively, you could be denied bail, forcing you to stay behind bars pending the trial.
Navigating GPS Monitoring For Bail Bonds
If the court denies you bail, citing flight or public safety risk, your attorney can negotiate to compel them to impose electronic monitoring bail. The EM eliminates the court’s concerns, allowing you to resume everyday life, even under constant monitoring.
Sometimes, the court can impose GPS monitoring for bail without your attorney’s request. Under these circumstances, your attorney can fight the electronic tracking because it will make life difficult after release. Alternatively, they can negotiate for more flexible ankle bracelet bail conditions.
If GPS monitoring for bail is on the table, your attorney should explain the conditions, including curfew hours, inclusion and exclusion zones, to minimize the risk of violation. If you partner with a bail bondsman who offers GPS monitoring for bail bonds, they will explain the terms better and guide you even after release to ensure compliance.
After pretrial release, you should know that every movement is monitored. So, adhere to the schedule agreed upon strictly and keep your device charged full time. If you rely on a bail bondsman to finance your bail, whose terms involve electronic monitoring, find one that has invested in GPS monitoring bail bonds. These experts are the most suitable for guiding you through the process and enhancing compliance with the ankle bracelet bail conditions.
Find a Reputable Bail Bonds Service Near Me
If you are in jail and electronic monitoring bail is in the offing, you should consult with an experienced bail bonds firm offering GPS monitoring for bail bonds. These experts know ankle bracelet bail conditions and will advise whether the terms are favorable before you enter into a bail agreement. At San Diego Bail Bonds, we understand EM bail and can make the conditions work for you. Call us at 619-233-3383 to arrange a no-obligation consultation.
