What Happens if I Try to Cheat My Ankle Monitor?

 Posted on June 28, 2024 in Criminal Defense

Being ordered to wear an ankle monitor can be extremely inconvenient. The monitors are not designed to be comfortable, and having to plan your day around finding a place to charge it when the battery runs low can make normal outings a struggle. These devices also limit your freedom. There are places you cannot go, and you might have a curfew. Some devices even detect the presence of alcohol in your body. It is easy to see why it might be tempting to try to interfere with these functions or even take the monitor off altogether. However, doing so is a criminal offense and likely a violation of your probation or parole. If you are accused of tampering with your ankle monitor, you need an experienced Allen, TX criminal defense lawyer.

Consequences of Tampering With a GPS Monitor

Tampering with an ankle monitor used to be a probation or parole violation, but as of last year, it is now a separate felony offense. Depending on why you were placed on the monitor, you could be charged with a state jail felony or a third-degree felony. If you are convicted, you could face more than a year behind bars.

In addition to being charged with a new crime, you will also need to deal with violating your parole, probation, or pretrial supervision. You could be sent to jail or back to prison for violating the conditions of your release or probation.

Possible Defenses to Tampering With an Ankle Monitor

Civil rights activists who oppose the new law have pointed out that these devices are not technologically perfect and can glitch, like any other device. One possible way a lawyer can defend you is by arguing that your device glitched, causing it to go offline or misreport your whereabouts.

Another possibility is showing that any damage to the device was accidental or done out of necessity. For example, if a medical provider had to cut the ankle bracelet off due to a medical emergency, or if your bracelet got caught in machinery in the mechanic shop you work in, you should not be convicted of this offense. There is an explicit exception in the law for cases where a healthcare provider removes the device to facilitate treatment. This may happen if you need an MRI, and all metal must be removed from your person.

Contact a Collin County, TX Criminal Defense Lawyer

Law Offices of Biederman & Burleson P.L.L.C. is experienced in representing felony defendants who are dealing with multiple criminal issues. Our Allen, TX criminal defense attorneys handle all our cases as a team, so you will have the benefit of multiple lawyers working together to help you. Contact us at 469-333-3333 for a complimentary consultation.