Interfering with electronic monitoring device in North Carolina – When someone has been thrust into the criminal justice system, often their liberties become restricted even prior to conviction.  One such way this occurs is through electronic monitoring. Electronic monitoring can happen as part of pre-trial release, or as one of the conditions, and punishments of a criminal conviction.

Not only is electronic monitoring restrictive from the standpoint of personal freedom, it also has potential to cause the person being monitored to get in additional trouble.  This comes by way of violating the terms and conditions of electronic monitoring, and interference with the electronic monitoring as well. In this blog, we will discuss interference with electronic monitoring in North Carolina.  Like all our blogs, this is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.

Electronic monitoring pre-trial

When someone has been charged with a crime, there are several likely scenarios depending on the seriousness of the crime and the defendant’s criminal record regarding pre-trail release. Some of what can occur includes but is not limited to:

• The defendant can be released on a written promise to appear
• The defendant can have a secure bond set
• The defendant can have an unsecured bond set
• The defendant can be denied any bond whatsoever
• The defendant can be released given that he submits to electronic monitoring
• The defendant have a bond set and be ordered to submit to electronic monitoring

The bond procedures can be a bit complicated and have many nuisances.

Electronic monitoring after a conviction

Sometimes, as part of a sentence of probation, electronic monitoring can be ordered.  It can also be ordered if home detention has been ordered or because of failure to adhere to probation or supervised released.

No matter what the reason for electronic monitoring, it is always going to involve some time restrictions, some location restrictions, and some responsibility of the person being monitored, to keep the equipment in working order, and communicate any problems with the equipment.

Tampering with an electronic monitoring device

North Carolina General Statute 14-226.3, addresses interference with electronic monitoring devices.  This statute makes it “unlawful for anyone to knowingly and without authority remove, destroy, o circumvent the operation of an electronic monitoring device that is being used for the purpose of monitoring someone.” It also makes is illegal for someone to solicit or induce someone to remove, destroy, or circumvent the operation of an electronic monitoring.

Punishment for this crime depends on the reason the person is on electronic monitoring:

• A person who is required to comply with electronic monitoring as a result of a conviction for a criminal offense is a felony one class lower than the most serious underlying felony or a misdemeanor one class lower than the most serious underlying misdemeanor, except that, if the most serious underlying felony is a Class I felony, then violation of this section is a Class A1 misdemeanor.
• Violation of this law by a person who is required to comply with electronic monitoring as a condition of bond or pretrial release is a Class 1 misdemeanor.
• Violation of this law by any other person is a Class 2 misdemeanor.

Please note that the North Carolina misdemeanor sentencing guidelines and the North Carolina felony sentencing guidelines apply accordingly.

Criminal charges can be daunting and scary, don’t face them alone. Contact us if you are in need of a criminal defense attorney.