What Is a Tether Violation and What Happens If You Commit One?
Learn how tether violations are handled, what consequences may follow, and when legal guidance could help navigate the process.
Electronic monitoring, sometimes called a tether or ankle monitor, allows courts to supervise individuals outside of jail, often as a condition of probation, parole, or release before trial.1UNC School of Government. Chapter 1: Pretrial Release This system permits people to live in the community but requires strict adherence to court-ordered rules.
Failure to comply with these rules can result in serious legal consequences. It is crucial for anyone under electronic surveillance to understand the requirements and the potential repercussions of violating them.
Key Court-Imposed Requirements
Courts ordering electronic monitoring set specific rules that individuals must follow as conditions of their release or sentence. The primary rule is wearing the monitoring device, usually an ankle bracelet, at all times. This device uses technology like GPS or Radio Frequency (RF) signals to track the person’s location or confirm their presence at a specific place.
Individuals are also responsible for maintaining the device, primarily by keeping it charged, as a dead battery prevents monitoring. They must typically allow supervising officers access to their homes to check the equipment. A court-approved residence is required, and moving usually necessitates permission from a supervising officer or the court.
Geographic and time restrictions are common. These can include strict home confinement, allowing departures only for approved activities like work or medical appointments, or curfews that require the person to be home during set hours. Courts may also establish exclusion zones, barring entry into specific areas, such as near a victim’s home.
Financial responsibility often falls on the monitored individual. Jurisdictions may charge installation fees and ongoing daily or monthly monitoring fees, which can accumulate significantly over time.2Fines and Fees Justice Center. Electronic Monitoring Fees Survey 2022 Daily costs can range from $10 to $30.
Courts might impose additional conditions, such as mandatory counseling, substance abuse treatment, drug testing, or community service. Compliance with all court-ordered requirements is mandatory throughout the monitoring period.
Common Violations
Violating electronic monitoring conditions involves failing to follow the court’s rules, ranging from deliberate interference with the device to neglecting its maintenance.
Tampering or Removal
Intentionally interfering with the monitoring device is a serious violation. This includes trying to remove it, cutting the strap, damaging it (e.g., submerging in water), or attempting to block its signal. The devices are designed to detect tampering, often sending an alert if the strap is cut or stressed, or if attempts are made to block signals. Supervising officers investigate these alerts to determine if a deliberate violation occurred. Some laws specify that asking someone else to tamper with the device is also a violation.
Unapproved Travel
Deviating from mandated geographic boundaries without permission is a violation. This includes entering prohibited “exclusion zones” or leaving permitted “inclusion zones” or the approved residence outside of allowed times or for unapproved reasons. Location-tracking technology monitors the individual’s position, generating alerts for boundary breaches. Even accidental crossings can trigger an investigation.
Missing Curfew Check-ins
Many monitoring orders include curfews requiring the individual to be at their approved residence during specific hours. Systems often use a home-based unit that detects the ankle monitor’s signal; if the signal is absent during curfew, an alert is sent. Location-tracking systems also register if the person is away from home during curfew. Being absent without prior approval constitutes a violation.
Potential Outcomes
Violating electronic monitoring conditions can lead to various consequences, depending on the violation’s severity, the individual’s history, and official discretion. When the system flags a potential violation, a supervising officer investigates.
If a violation is confirmed, the officer typically reports it to the court or paroling authority. Minor or initial infractions might result in a warning or stricter monitoring conditions, like tighter curfews. Some systems use graduated responses, with penalties increasing for repeated violations.
Serious violations or persistent non-compliance can trigger formal proceedings, often starting with an arrest warrant. The individual may be detained pending a hearing where evidence is presented.
If the court confirms the violation, it can modify the original release conditions, making them more stringent by extending monitoring, tightening geographic limits, or adding requirements like counseling. For individuals awaiting trial, a violation could lead to bail revocation and jail detention. For those on probation or parole, it could mean revocation and incarceration to serve the remaining sentence, possibly with added time. Intentional acts like tampering might also result in new criminal charges, such as escape or violating a court order, carrying separate penalties.
When Legal Assistance May Be Needed
Accusations of violating electronic monitoring conditions can trigger a complex legal process. The rules involve specific court orders and technical data from monitoring systems. Understanding the alleged violation and the supporting evidence often requires careful review. Legal counsel can help interpret this technical information and the terms of supervision.
If authorities pursue a formal violation, the matter usually proceeds to a court hearing (e.g., probation revocation). Individuals facing these hearings have due process rights, typically including written notice of the alleged violations, the right to attend the hearing, present evidence, and question opposing witnesses. The right to legal representation may be guaranteed by law in some situations or determined by the court based on the case’s complexity and the individual’s ability to represent themselves, following legal precedents like Gagnon v. Scarpelli. An attorney ensures these rights are protected.
Navigating these court proceedings can be challenging, especially with potential loss of liberty. An experienced attorney can communicate effectively with supervising officers, prosecutors, and the court. Legal representation helps gather and present relevant information, potentially challenging monitoring data accuracy or explaining mitigating factors. An attorney ensures the individual’s case is presented clearly and according to legal standards, which is crucial as the burden of proof in these hearings is often lower than in criminal trials.
