Bond courts routinely require defendants to be subjected to GPS monitoring. Decisions to place a monitor on a defendant can be quickly made by a bond judge, without having the full range of information that there is about the defendant or the charge they are facing.
There are a lot of negatives to having a GPS monitor. Primarily, they are expensive. Although the monitoring companies may talk in terms of weekly payments, the total monthly cost can be $280 (or more) for a standard GPS monitor. And there are even higher fees if alcohol monitoring has also been ordered.
GPS monitoring is not just until your first court date. Instead, unless there is a specific court order removing the monitor, it stays on until the end of the case. Because normal court backlogs have been significantly impacted by COVID-19, this could mean months or years. This applies not only to cases in General Sessions, but also cases in Magistrate or City courts where monitoring has been ordered.
Is there any benefit to GPS monitoring?
We don’t believe that GPS monitoring serves to benefit most defendants. Although monitoring is certainly preferable to being in jail, the monitor has many drawbacks beyond the cost. This includes physical discomfort, embarrassment, and interference with employment.
That being said, there are certain times where monitoring can be beneficial. For example, if your case involves an alleged victim who you believe might lie and report that you are violating no-contact provisions, or maybe going to places otherwise not permitted by your bond, then GPS monitoring can be beneficial. This is because when the police or prosecutor’s office check the monitor’s records, they can tell your exact whereabouts. We’ve seen situations before where this has saved people from bond violations or other charges based on false accusations.
Another benefit is if the monitor was ordered in conjunction with house arrest. It may be possible to obtain “time-served” credit for time spent on house arrest. This is determined on a case-by-case basis, and while being on house-arrest is not, by itself, a guarantee of time-served credit, having house-arrest backed up by a GPS monitor can increase the likelihood of receiving this type of credit. This is significant for cases in which a sentence is likely because applying time-served credit can lower or eliminate the requirement then to serve a jail or prison sentence.
We are available to consult with our clients to help them determine for themselves if the possible benefits of a monitor outweigh the negatives. If so, there are circumstances where it’s advisable to leave the monitor in place.
How We Can Help
We routinely file motions with the court seeking the removal of GPS monitors. This motion can be filed with the court the same day we are retained. We’ll prepare for the hearing by gathering the complete picture of our client’s situation, so that we can present a full range of the facts to the court (and not just the minimal information that may have been provided in bond court).
If the court agrees to remove the monitor, we prepare the necessary paperwork and can assist in transmitting it to the monitoring company so that they can remove the monitor.
We do not charge additional legal fees or costs to seek the removal of a court-ordered GPS monitor on behalf of our clients. Additionally, we believe that seeking the removal of a GPS monitor on behalf of our clients should be an urgent matter, and we want to proceed as quickly as possible.
Contact Our Lawyers Today
Do you have questions about removing a GPS monitor in South Carolina? If so, contact the Law Office of James R. Snell, Jr., LLC, today. We offer free, no-obligation in-office consultations. To get started with your case contact us at 1-888-301-6004.