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Rights may be curtailed with GPS monitoring devices

| Aug 14, 2018 | Criminal Defense |

In some cases, defendants in Ohio and around the country are allowed to wear GPS bracelets as opposed to spending time in jail. However, there are limits to how free a person can be when wearing such a device. For example, a person can be sent back to jail or prison if the device is removed. This may be true even if it is removed to have an X-ray or MRI performed.

Some who have worn the device have complained that it causes skin irritation or is otherwise uncomfortable. Since the ankle bracelet is equipped with GPS, the government can track a person’s every move, which erodes his or her right to privacy. Depending on the type of crime a person has committed, it may be necessary to wear the device for several years.

Those who are required to wear a GPS tracking bracelet must pay for the right to wear it. The cost can be as high as $25 per day, and there could be significant penalties for failing to pay including being sent to jail or prison. Generally speaking, a defendant must pay to be monitored even if he or she hasn’t yet been convicted of a crime. If the signal to the device is lost for any reason, it may result in jail time for the person wearing it.

Those who are convicted of crimes may be required to wear a GPS enabled device in lieu of jail or prison time. In some cases, it may be required after being released from custody. An defense attorney may challenge witness testimony or ask that evidence be suppressed in an effort to have a case thrown out or to obtain a not guilty verdict from a jury.