You’re walking through a bustling Omaha park when you spot someone wearing an ankle monitor. It’s not something you see every day, and it raises a question—what did they do to end up with one? Or maybe you or a loved one is facing criminal charges, and you’re wondering if an ankle monitor is in your future? In Nebraska, courts use ankle monitors for various offenses, but how do these devices work, and why might someone be required to wear one? Below, we explore what crimes get an ankle monitor and situations where ankle monitors could come into play.
Understanding the Purpose of Ankle Monitors
Ankle or electronic monitoring devices (EMDs) can be required for pretrial release or sentencing in criminal cases. These devices use GPS technology to pinpoint the wearer’s location, ensuring compliance with court-imposed restrictions.
What Crimes Require an Ankle Monitor?
Several crimes can result in the requirement of an EMD in Nebraska. Courts may require electronic monitoring for individuals considered likely to flee, those involved in violent crimes, or when close monitoring is needed for public safety. Let’s look at some common situations that may require an ankle monitor.
Domestic Violence Charges
If you are facing domestic violence charges, an EMD may be ordered to enforce no-contact orders and keep you away from the alleged victim. In Nebraska, domestic violence (also known as domestic assault) includes any instance of physical abuse or threats of harm within a family or intimate relationship.
If a judge issues a protective order forbidding contact with the alleged victim, they might order you to wear an ankle monitor to track your movements and ensure you do not violate the order.
DUI and Alcohol-Related Offenses
Driving under the influence (DUI) is another crime where ankle monitors may be required. In Nebraska, a DUI offense, particularly for repeat offenders, can result in house arrest paired with the use of an EMD. Furthermore, if you are convicted of a DUI, you may also have to use continuous alcohol monitoring devices to track your alcohol intake remotely.
These monitors alert authorities if you consume alcohol, ensuring compliance with the court’s no-alcohol order. These devices help provide an alternative to jail time, allowing you to continue working while being closely monitored.
Sexual Offenses
If you have been accused or convicted of certain sexual offenses, you may also be required to wear an EMD as a condition of bail or probation. Those on the sex offender registry may also be required to wear an electronic monitoring device to ensure adherence to location-based limitations. This includes staying away from specific areas, such as schools or parks, and preventing further risk to the community.
White-Collar Crimes
While ankle monitors are often associated with severe or violent offenses, they may also be used in cases involving white-collar crimes, such as embezzlement, fraud, or identity theft. Nebraska courts may require electronic monitoring if you’re charged with these crimes to reduce the risk of fleeing before trial. Ankle monitors ensure that defendants comply with court orders while remaining in the community pending the resolution of their case.
Juvenile Offenses
Nebraska’s juvenile courts sometimes require EMDs as an alternative to detention for minors accused of delinquent acts. This allows minors to remain in their homes and attend school while complying with curfews and other conditions set by the court. Under Nebraska law, probation officers may use electronic monitoring to track the activities of juvenile offenders, reducing the likelihood of repeat offenses and providing structured supervision.
When Does the Court Typically Order an Ankle Monitor?
In Nebraska, courts typically require ankle monitors when imprisonment is not ideal, but intensive supervision is essential.
Common scenarios include the following:
- Pretrial release. If you are awaiting trial and the court believes you may flee, the judge could order you to wear an EMD. The goal is to ensure your compliance with bail conditions.
- Probation. If you are convicted of a crime, you may be sentenced to probation as an alternative to jail, with electronic monitoring serving as a condition of probation.
- House arrest. Instead of being jailed, you may be confined to your home under house arrest. Courts often use ankle monitors to ensure those under house arrest do not violate the terms of their sentence.
- Parole. If you are released on parole, the court can use electronic monitoring to track your movements and ensure you are following the parole restrictions.
If you have been ordered to wear an ankle monitor, understanding your legal options is crucial to protect your freedom. Consulting with a qualified criminal defense attorney can provide valuable guidance and representation throughout the legal process.
What Happens If You Violate Ankle Monitor Conditions?
Violating the conditions of your release as monitored by an EMD can result in swift legal repercussions, including immediate arrest. If your ankle monitor detects tampering or you cross restricted boundaries, law enforcement could be at your door within minutes. In many cases, violating the terms of electronic monitoring results in the court revoking bail or probation and ordering jail or prison time.
Have Questions About Ankle Monitors in Nebraska
Please contact us if you have questions about ankle monitors or how they apply to your situation. At Petersen Criminal Defense Law, we protect your rights and advocate for your best interests at all times. We’re here to provide answers and help you understand your options.
Resources:
- Electronic Monitoring. Probation Service Definition. Nebraska Supreme Court (2021), link
- Electronic Monitoring. Street Level Surveillance, link
- Policy Position Brief: On Electronic Monitoring. The Bail Project (2022), link
- Nebraska Revised Statute 29-2262.04, link
- Nebraska Revised Statute 47-401, link
- Nebraska. Civil Research Institute, link
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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