Many take for granted their freedom to move around without restriction. The government is quick to remember this right, and is quick to have that right taken away, through forms of punishment such as prison, house arrest, and electronic monitoring. However, if one obtains an experienced attorney to fight the case, one can be sure one’s rights and freedoms are protected.
According to the Daily Commercial, Reginald Gerandah Kelty, a homeless man of Lake County, has been charged with failure to comply with sex offender reporting as well as perjury for allegedly telling two different stories about where he was living at the time. Kelty had originally given authorities the address of his brother’s home, which was empty, as his permanent residence. Kelty then managed to cut off the ankle device, leaving it on the side of the road.
Jacksonville sex crimes cases typically involve cases in which someone is seen as a possible threat to society, and therefore should be watched. However, not all sex offenders are threats. In reaction to this thought, the system of ankle monitors was developed to provide a mobile watch system, without an officer having to stay with that person at all times. Furthermore, ankle monitors allow police to see where one might be going, in order to prevent future crimes of the same nature.
Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:
– Wearing an Ankle Monitor
– Paying for Supervision costs
– Some jail-time as a condition of probation
– Being prohibited from violating any law
– Submitting to drug testing and treatment
– Letters of apology
– Being Prohibited from leaving the state
– Reporting to a probation officer
– Community service hours
– Being Prohibited from alcohol consumption
– Obtaining a job
– Mental health evaluations
– Restitution payments to victims
An ankle monitor, or tether is a device that at timed intervals, will send a radio frequency signal containing location and other information to a receiver. If an the individual wearing the anklet moves outside of an allowed range, the police will be notified. Ankle monitors are designed to be tamper-resistant and can alert authorities to removal attempts, such as cutting the conductive band causing a circuit break.
Electronic monitoring can be set up as “active” or “passive.” Active monitoring is designed to give real-time reports of violations. Passive monitoring provides violation reports to the appropriate officer the next day. Almost all states use the active monitoring method.
The most common arrangement for ankle monitor usage will be where the anklet sends the radio frequency signal to a fixed location receiving unit in the offender’s residence. The residence unit uses either land-line or other form of telephone service to send the information to a service center computer. If the offender is not at the residence during the period specified, an alert is sent to the service center and the supervising probation or parole officer.
The Judge has the discretion to choose specific probation requirements for particular defendants. In this case, Kelty was convicted of a sex crime. Because of increased pressure from the State, society, and other forces within the community to more strictly monitor sex offenders, Kelty was naturally chosen for the ankle monitor.
A court may force the offender to pay the cost of the electronic monitoring services, which can be in excess of $5 per day. If the court finds that the defendant is indigent and unable to pay, it must waive the costs.
Even if one is remorseful for a crime, a prior record or history of criminal misconduct might tempt a Judge to render a prison sentence. However, with the help of anexperienced Jacksonville sex crimes defense attorney, one could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Sex offenders cuts off ankle device, Millard K. Ives, The Daily Commercial