Weld County Criminal Defense Lawyer
Use of the Ankle Monitor in the Colorado Criminal Justice System

The ankle monitor is used both pre and post sentencing by the Weld County criminal justice system. Read more about it here.

In many criminal cases in Greeley and Weld County, Colorado, ankle monitors can be utilized at various points during the case. Whether it be used as a pre-trial tool, a direct sentence to house arrest, or as a condition of parole, ankle monitors are not all the same. Many assume that they are all GPS location devices, allowing those watching the activity on the ankle monitor to pinpoint exact locations. But, that is not the case. The issue was recently raised after a juvenile, who was wearing an ankle monitor, committed a new crime, but couldn’t be located because his monitor was not a GPS one. Let’s look at the different types of ankle monitors and how they are utilized throughout the criminal court process.

Pre-Trial Ankle Monitor Usage in Greeley and Across Morgan and Logan County

The pre-trial phase of a Weld, Morgan, or Logan County describes the time that the case is pending. Basically from the arrest through sentencing (or dismissal). Sometimes, depending on the allegations, the DA will request the defendant wear an ankle monitor. We sometimes see these requests with Stalking cases, where the defendant is prohibited from being in very specific areas through the mandatory protection order. In these cases, the DA is referring to a GPS monitor where the defendant’s exact location can be seen. We have had clients who were tagged for violating their protection order because a small portion of I-25 happened to overlap with the prohibited boundary they were given. They were simply driving to work and were contacted by pre-trial about the violation. We also see requests for GPS ankle monitors when the DA feels a defendant may be a flight risk. Their hope is that by monitoring them, it will discourage them from trying to escape prosecution.

Post Sentencing Use of Ankle Monitors

Ankle Monitors are also commonly used post sentencing. For those sentenced to house arrest, the basic idea is that you are home, unless you have specific permission to be at work or some other sanctioned activity. The ankle monitors used in these cases are not always GPS. Sometimes they are the kind that simply notify those watching that the ankle monitor is outside the defined range. A beacon is placed in the home, and when the monitor is outside the range of that beacon, someone is notified. For those released from prison on parole, ankle monitors can sometimes be a condition of release. For the first 30, 60, even 90 days, parole can require you to wear an ankle monitor. This is often common for those convicted of a sex offense, like Sexual Assault or Sexual Assault on a Child. Depending on the circumstances, parole can choose to use the GPS ankle monitors or the perimeter ankle monitors.

If you are facing criminal charges in Greeley, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation. Together, we can protect your future.

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