How can I be arrested and put on a curfew without even had my day in court?
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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
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 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.
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