How can I be arrested and put on a curfew without even had my day in court?

UPDATED: May 29, 2012

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How can I be arrested and put on a curfew without even had my day in court?

I was arrested because the police believe they have probable cause that I committed a robbery. However, no evidence was ever collected from my house or person. I believe someone has just made a claim that I committed such an act. I bonded out of jail and the police department asked the judge could they put a GPS monitoring ankle bracelet on me and give me a 7 pm to 6 am curfew. How can this be legal what ever happen to due process like for one I’m innocent (and have to pay all this money to prove so) and I haven’t even had my day in court yet? I feel as tho my civil rights are being violated.

Asked on May 29, 2012 under Criminal Law, North Carolina


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

Anytime you have been arrested and arraigned on criminal charges, regardless of your guilt or innocence, the court has a right to set certain bond conditions. These bond conditions can include the court authorizing a GPS tether to track your whereabouts before trial. This is perfectly legal and is not a violation of your due process rights or civil rights. If you feel the bond conditions are excessive or inappropriate, you can always retain counsel, or have a court appointed attorney argue for reduced bond conditions or even the removal of the tether, but you must show good cause for its removal, such as the fact that you will not be a flight risk and will return for all your court appearances.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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