How to Get Off Ankle Monitor Early | A Step By Step Guide
The contents of this web page are for informational and educational purposes only, and nothing you read is intended to be legal advice. Please review our disclaimer before taking action based upon anything you read or see.
An ankle monitor or scram bracelet is a device you can use to confine a person to a certain perimeter. However, you can use it for much more. For instance, you can use an ankle monitor to measure your alcohol levels. You could get an ankle monitor because you were driving under the influence of some intoxication. Maybe, you had some serious offense, and the court gave you a choice whether you wanted to go to jail or get house probation. This guide will discuss how to get off the ankle monitor early.
The primary function of a scram device or ankle monitor is to measure a person’s alcohol levels after every 30 minutes. After that, inform the relevant authorities if the person continues to drink during probation.
How to Get Off Ankle Monitor Early
Talk to your probation officer.
One of the foremost steps to remove your ankle monitor is to talk to your probation officer about it since it falls in the probation category. If you could present a valid argument with a strong enough motive to remove the monitor, they will schedule a date with the judge. So, you could talk in person with the judge.
Convince the judge
The second step might be tricky since you have to convince the judge that you no longer need the ankle monitor and behave without it. The judges are not too hard about the ankle monitor, so they would be easy to convince in this regard. The main thing in this regard is to have a solid motive to remove the monitor removed early.
One of the reasons could be that the ankle monitor is malfunctioning and is providing false readings. So, it is declaring you drunk even when you are sober. That’s why you want to remove the ankle monitor. Therefore, you are willing to perform in-person checks for toxicity.
Write a motion to the judge.
The third step is to write a motion you must present to the judge. A motion is a legal document with its format to convey your case to the judge. The court website you are going to would have some printed documents. So, you could use it as a reference when typing the motion. The motion should be properly formatted:
Highlight the purpose
Caption and title to highlight the purpose of the motion and why you are presenting it. A brief introduction to your desired topic is always considered a plus point.
Remind the judge about your case
Judges get tons of visits daily, so it would be best to write something about yourself to remind the judge of who you are. The background information should include your offense and on which date you were placed on probation. You must mention the conditions for probation too.
Explain the reason properly
The most important part of the motion is explaining why you want to remove the ankle monitor earlier than the probation date estates. You have to explain all the reasons thoroughly and explain them persuasively. In that sense, the judge could agree with what you are trying to say.
Conclude the motion
The last step is to conclude the motion and attach a drafted service certificate to make your point more valid.
File the court motion
The last step is filing the court motion and attending the hearing. Always try to bring all the legal documents that could work in your favor and try to arrive on time. The last step is to wait for the judge to make his decision.
If you follow all the steps, you will likely get your ankle monitor taken off earlier than the given probation date.
Rules of Wearing Ankle Monitor
An ankle monitor is all about rules you must follow to get out of probation. Failure to do so could result in jail rather than getting off easy. The following rules are definite to reach this goal:
- The monitor should be worn at all times and never be taken off. Any attempt to take the monitor off or tamper with it could increase probation or even the loss of house arrest. At the start of probation, you might receive a choice of house arrest or jail, and you will go to jail this time.
- You must keep a job since the ankle monitor requires monthly maintenance, and you should earn enough to afford an ankle monitor and be on house arrest for probation. Due to such reasons, you are sometimes keeping a job while on probation is considered a must.
- Following the schedule is a must when on probation. When you are under house arrest, they will provide you with a schedule to follow to get out of the house. The schedule consists of the timings of everyday demeanors. These include grocery shopping, church, school, work, medical facilitation, rehab centers, and time for community service.
- Paying the court and monitor fees is a must to stay on probation. This is the reason why you have to keep a job. If you cannot pay any fees, you will be taken off probation and incarcerated.
- You have to stay off any drugs, including alcohol, since most monitors, like scram, monitor your blood toxicity levels every half an hour, which would get you in trouble.
Frequently Asked Question
How do I get my ankle monitor off legally?
To have the ankle monitor taken off legally, you must meet with the probation officer and schedule a hearing with the judge. In the hearing, you have to present a motion and, along with it, a solid and valid reason explaining why you want to remove the ankle monitor. This is the only legal way to have the ankle monitor removed.
How hard is it to get an ankle monitor off?
Since the ankle monitors are on the ankle, it makes them extremely hard to take off without breaking them into pieces. Some monitors even have sensors that alarm the authorities if the wearer is trying to take them off. So, it’s really hard to take them off on your own.
How long do you stay on an ankle monitor?
The time you spend on house arrest with an ankle monitor depends on the offense you have committed. Generally, if the police caught you in a drink-and-drive situation, you be under house arrest ranging from 1 month to a whole year. This is because, in a drink-and-drive situation, the ankle monitor allotted to you is a SCRAM.
Do ankle monitors have curfews?
Yes, ankle monitors have several curfews that you have to follow. If you disobey any of the curfews, you could end up the probation. In the worst-case scenario, you could go to jail, my friend. The curfews include:
- No leaving the house
- No drinking
- Keep a job
- Pay your dues
- Follow the schedule
Can you shower with an ankle monitor?
The ankle monitors are waterproof, but the level of water sensitivity can vary between the models of the monitors. Therefore, you should be cautious when leaping into a pool with an ankle monitor.
The conclusion we get from the above-stated facts is that ankle monitors are a delicate thing to handle, with many rules that must follow. Contact your probation officer if you want to remove your ankle monitors from your probation date. Then, arrange a hearing with the judge and loads of documents to make a valid point.
Even if you make a valid point, it depends on the judge whether they want to grant you relief. If you find yourself on probation, it is best to speak with an experienced lawyer who can care for all your legal needs. This way, the process will be easier and more manageable for both parties involved, so there’s no need to feel stressed or upset about anything!
Of course, the best thing is not to commit an offense that puts you on probation in the first place, but if you do, you know the procedure to lessen your burden, even if it amounts to a little bit.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
Comments are closed.