Florida supplies ankle monitors, also called ankle bracelets, throughout pre-trial or pre-sentencing detainment and also during probation or parole. It is a gps monitor, which notifies authorities once a suspect or offender moves beyond a details geographic zone.
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When who is required to wear an ankle monitor, lock cannot take it turn off or tamper with it in any type of way. It remains on till authorities take it off. Because House bill 75 to be passed in October 2016, tampering v or trying come circumvent an ankle bracelet is a third-degree felony.
House invoice 75 included to Florida statute 843.23, which states that the is unlawful because that anyone to intentionally and also without authority:
Remove, destroy, alter, tamper with, damage, or circumvent the operation of an digital monitoring device, which should be work or offered by the individual pursuant to a court order or the Florida board of directors on Offender review, or
Ask, authorize, or solicit a human to remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring machine that the individual should wear pursuant to a court order or the Florida the supervisory board on Offender Review.
Penalties because that Tampering with an ankle Bracelet
If you space convicted of a third-degree felony since of changing or remove an fish eye bracelet, climate you deserve to be punished through up come 5 year in prison and up to a $5,000 fine.
This conviction additionally counts towards a habitual offender status under Florida law. If you have actually two more felonies already, from all over in the U.S., then you may be labeling a habitual fender because that this offense, which boosts the feasible penalty. Together a habitual offender, you challenge up to 10 years in prison.
Defending versus Tampering through an ankle Monitor
You might be arrested for messing v your ankle monitor because that a wide range of actions. No matter how uncomfortable the monitor is, you must not tamper or play through it. Do not shot to do it an ext comfortable or less unsightly. If any readjust with the screen occurs, the police space notified. You could be arrested for doing something, also if you had actually no on purpose of moving exterior of your permitted geographic boundary.
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If you are charged with this violation though you did not intentionally shot to eliminate the bracelet, revolve it off, or alter it in any type of way, call a Kissimmee criminal defense lawyer native Salazar & Kelly legislation Group, P.A. As shortly as possible. We will fight to prove that this arose due to a misunderstanding and also that charges space unnecessary. If the prosecution chooses to move forward with charges, you will certainly aggressively protect you in court.