If you or someone you know is facing criminal charges, you may be wondering whether an ankle monitor is a possibility instead of jail time. Courts in Maryland and Virginia use electronic monitoring devices regularly as an alternative to incarceration, but not every offense or every defendant qualifies. Here is what you need to know.
What Is an Ankle Monitor?
An ankle monitor, also called an electronic monitoring device (EMD) or GPS monitoring bracelet, is a device worn around the ankle that tracks a person’s location in real time. Courts use them to supervise defendants who have been released pretrial, individuals serving sentences under house arrest, and people on probation or parole who require closer supervision.
What Crimes Get an Ankle Monitor in Maryland and Virginia?
There is no fixed list of offenses that automatically result in an ankle monitor. The decision is made by a judge based on the nature of the charge, the defendant’s criminal history, and the risk they pose to the community. That said, the following offenses most commonly result in electronic monitoring orders in Maryland and Virginia:
DUI and DWI: Repeat DUI offenders in both Maryland and Virginia are frequently ordered to wear SCRAM devices, which are alcohol-detecting ankle monitors that test perspiration for alcohol consumption. A second or third DUI conviction significantly increases the likelihood of electronic monitoring as a condition of probation or pretrial release.
Domestic violence: Courts routinely order ankle monitors in domestic violence cases to enforce no-contact orders and track whether a defendant approaches a protected person’s home or workplace. In Maryland, domestic violence charges under Md. Code Ann., Crim. Law § 3-202 frequently involves monitoring conditions at the pretrial stage.
Drug offenses: Defendants charged with drug possession or distribution in Maryland and Virginia may be offered electronic monitoring as part of a diversion program or as a condition of probation, particularly for first-time or nonviolent offenders.
Sex offenses: Individuals convicted of sex offenses in Maryland and Virginia are often required to wear GPS monitors as a condition of probation or parole. This is especially common when restrictions on proximity to schools or other locations need to be enforced.
Felony charges awaiting trial: Defendants facing serious felony charges who are granted pretrial release may be required to wear a monitor as a condition of bail, particularly if the court has concerns about flight risk.
Burglary and theft: Nonviolent property crime defendants with limited criminal histories may be offered electronic monitoring as an alternative to pretrial detention or incarceration.
Probation violations: A judge may order electronic monitoring for someone who has violated probation conditions, as an intermediate step before revoking probation and sending them to jail.
How Does a Judge Decide Whether to Order an Ankle Monitor?
Judges in Maryland and Virginia consider several factors when deciding whether electronic monitoring is appropriate:
- The severity of the charge
- Whether the offense was violent or nonviolent
- The defendant’s prior criminal record
- The likelihood of reoffending
- The defendant’s ties to the community, including employment and family
- The recommendation of the pretrial services officer or probation officer
A skilled criminal defense attorney can advocate for electronic monitoring as an alternative to incarceration by presenting evidence of community ties, stable employment, and low flight risk. At KGO, we regularly negotiate alternative sentencing arrangements for clients in Maryland and Virginia.
What Are the Rules for Wearing an Ankle Monitor?
Being placed on electronic monitoring comes with strict conditions. Violating any of them, even accidentally, can result in immediate arrest and a return to jail. Common conditions include:
- Remaining within a designated geographic area or home at specified hours
- Maintaining the device’s charge at all times
- Not tampering with or removing the device
- Reporting to a supervision officer as directed
- Avoiding contact with certain individuals, such as alleged victims
Frequently Asked Questions
Yes. An experienced criminal defense attorney can present arguments to the court for electronic monitoring as a condition of pretrial release or sentencing. Factors like stable employment, family responsibilities, and no prior record all strengthen this argument.
The length of time varies depending on the case. Pretrial monitoring lasts until the case is resolved. Monitoring as part of a sentence or probation can last months or years depending on the offense and the judge’s order.
Violating electronic monitoring conditions is treated seriously by courts in both states. Consequences can include immediate arrest, revocation of bail or probation, and incarceration for the remainder of the original sentence.
Yes. GPS ankle monitors transmit location data continuously to a monitoring center. Any entry into an exclusion zone or departure from an inclusion zone triggers an alert to the supervising officer.
Yes, through a motion to the court. An attorney can file a motion to modify the monitoring conditions if circumstances change, such as a job requiring travel or a medical appointment outside the permitted area.
Facing Charges in Maryland or Virginia? Ask About Alternative Sentencing.
If you are facing criminal charges and want to explore whether electronic monitoring or other alternatives to incarceration are available in your case, KGO Law Firm can help. Our Maryland and Virginia criminal defense attorneys have extensive experience negotiating sentencing conditions across Montgomery County, Prince George’s County, Fairfax, and Arlington. Call (301) 840-0080 or (703) 988-3711 for a free consultation.
