House Arrest / Electronic Monitoring
A judge may decide that a defendant's bail is subject to house arrest or electronic monitoring. If electronic monitoring is a condition for bail, then the defendant may have no choice but to accept electronic monitoring. Electronic monitoring may be maintained by a third party. In many cases, the defendant will have to pay a monthly fine to pay for the electronic monitoring device. This becomes a problem when indigent defendants agree to pay for electronic monitoring costs but have no means to pay the fine. In such cases, failure to pay electronic monitoring fees may result in remand and revocation of bail.
A criminal defense attorney who represents a client who must accept bail subject to electronic monitoring should make a careful evaluation of the defendant's ability to pay the fine. If it appears that the client is totally indigent and will have no means to pay the fine, the attorney should request a waiver of the fee from the court so failure to pay does not trigger revocation proceedings.
Search and seizure
Cruel and unusual punishment
Impact on the Family