An electronic monitoring device is standard in many courtrooms when sentencing defendants. These devices allow a defendant to avoid jail. The defendant might be confined to home or confined to home and work rather than being incarcerated.
They are also often used with persons on parole and probation. In fact, their use is on the rise. Prisons and jails are overcrowded. But if you try to escape from an electronic monitoring device in Oklahoma, the penalty can mean serious business.
Oklahoma Law on Trying to Escape an Electronic Monitoring Device
Once you are lawfully arrested or retained by a peace officer in Muskogee, Oklahoma, it is against the law to escape or try to escape. An escape – or attempt – is a misdemeanor if the underlying crime is a misdemeanor and a felony if the underlying crime is a felony. Okla. Stat. tit. 21 §444.
Likewise, it is against Oklahoma law for any person released on bail, bond, or their own recognizance to remove an electronic monitoring device. It is also against the law for one who is to make an appearance before a court to remove that device without court authorization to do so – assuming that person is required to wear an electronic monitoring device.
If the underlying offense for which the prisoner is required to wear such a device was a misdemeanor, the unauthorized removal of the device will be treated as a misdemeanor. If the underlying offense was a felony, the removal of the device will also be treated as a felony. Okla. Stat. tit. 21 §444.
Not only will you have charges if you escape the device, but it is likely that a warrant for your arrest will be issued. Once apprehended, you will have to face new charges for escape and it is unlikely a court will consider allowing you to use an electronic monitoring device again. That means jail time or prison time.
Problems With An Electronic Monitoring Device
Despite their increasing use within the justice system, these devices have certain problems. They are basically a GPS device, and subject to the same loss in signal and tracking as your phone.
When the signal is lost, those monitoring the device get an alert that the device may be compromised. This can lead to re-arrest and possible re-incarceration through no fault of your own.
In addition, these devices do not take emergencies into consideration. Unauthorized movement in the face of an emergency such as fire, flood, any sort of natural disaster, a heart attack or other medical emergency can also lead to re-arrest or re-incarceration.
If you or a loved one is facing charges or have difficulties related to an electronic monitoring device, consult with an experienced Muskogee criminal defense lawyer as soon as possible. Help is here.
Free Consultation: Muskogee Defense Attorney
We are here to help you. The capable, experienced Muskogee criminal defense attorneys at the Wirth Law Office will carefully explain the process and possible alternatives. We are willing and able to explore all possible defenses and fight all out for you. Get the help you need today.
Call an experienced Muskogee criminal offense attorney today at (918) 913-0725, or toll-free at 1 (888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a brief question or message.