What Crimes Get an Ankle Monitor?
An ankle monitor, also known as a GPS tracking device, is a common form of court-ordered monitoring used for a variety of offenses. It's not a punishment in itself, but rather a tool for ensuring compliance with certain conditions of release or probation. The types of crimes that frequently result in ankle monitoring vary significantly depending on the severity of the offense, the defendant's criminal history, and the judge's discretion. However, some offenses are more commonly associated with this type of surveillance.
What Types of Crimes Commonly Result in Ankle Monitoring?
Several factors influence a judge's decision to impose ankle monitoring. These include the severity of the crime, the defendant's risk of flight or re-offending, and the availability of suitable alternatives to incarceration. Here are some categories of crimes that frequently lead to ankle monitoring:
1. Non-Violent Felonies: Many non-violent felonies, particularly those involving property crimes, drug offenses (possession, lower-level distribution), or white-collar crimes, might result in ankle monitoring as a condition of probation or pre-trial release. The judge might consider the individual's lack of prior convictions, ties to the community, and demonstrated remorse when deciding on this less restrictive alternative to jail time.
2. Domestic Violence Cases: In domestic violence cases, ankle monitors can be used to ensure the safety of victims by restricting the offender's proximity to their homes or workplaces. This is often employed alongside other protective orders.
3. DUI/DWI Offenses (Driving Under the Influence): Depending on the circumstances of the offense, repeat offenders, or those with particularly high blood alcohol content (BAC) levels, might be ordered to wear an ankle monitor as part of their probation or alternative sentencing. Sometimes this is combined with ignition interlock devices installed in vehicles.
4. Drug-Related Offenses: Especially for low-level drug offenses or as part of drug rehabilitation programs, ankle monitoring can be used to ensure compliance with treatment or regular drug testing.
5. Violation of Probation or Parole: If an individual on probation or parole violates the terms of their release, ankle monitoring can be imposed as a means of increased supervision to prevent further violations.
6. Pre-Trial Release: In some instances, individuals awaiting trial might be released on bail with the condition of wearing an ankle monitor to ensure they appear in court. This is especially true if the court views the individual as a flight risk.
What Crimes Typically Don't Get an Ankle Monitor?
While ankle monitors are used in many cases, they are generally not used for serious violent felonies like murder, aggravated assault, or armed robbery. These offenses usually result in incarceration. However, even in these cases, there might be exceptions depending on the specifics of the crime and circumstances.
Does the Severity of the Crime Determine Ankle Monitor Use?
The severity of the crime is a major factor, but it's not the only one. A judge will consider various factors, including:
- Criminal history: A clean record might lead to a judge favoring ankle monitoring over jail time, even for a relatively serious offense. Conversely, a lengthy criminal record might make a judge less likely to grant ankle monitoring.
- Risk assessment: Judges utilize risk assessment tools to gauge the likelihood of re-offending or flight.
- Community ties: Strong community ties (employment, family, etc.) might increase the likelihood of a judge approving ankle monitoring.
- Availability of resources: The availability of proper monitoring programs and the defendant's ability to afford the costs associated with ankle monitoring also plays a part.
Is Ankle Monitoring Always a Sign of Leniency?
Not necessarily. While it can be seen as a less harsh alternative to incarceration, ankle monitoring represents a significant restriction of freedom and requires strict adherence to its conditions. Violation can result in immediate imprisonment.
In conclusion, the use of ankle monitors is a complex decision made on a case-by-case basis. While the crimes listed above are frequently associated with ankle monitoring, the ultimate determination rests with the judge considering a multitude of individual circumstances.
