If you are reading this, it is most likely because you or someone close to you are struggling from experience wearing an Ankle Monitor. Ankle Monitor causes many stress and distractions in our daily life. There is no surprise in hearing the number one desire of people who wears an Ankle Monitor is to take off their Ankle Monitor.
The question arises, is it possible to remove an Ankle Monitor?
The answer is yes, it is possible. And we are not talking about removing by cutting off the strap or disassembling the device.
There is a way to legally remove your Ankle Monitor by submitting an official request to the court. Where the judge will make a decision considering all aspects and may grant your request.
In this article, we will give a step by step instructions on how to legally remove an Ankle Monitor. While we will explain the way to take action on your own, having a legal attorney would bring a huge benefit. If you have a legal attorney that can help you, we suggest consulting with him/her to follow their experienced insights for a better outcome.
What is a Motion
When being involved in a lawsuit, there may be times when you want the court to take action beyond the normal ruling process. For example, a request to change the schedule or make adjustments to your restriction conditions will require a motion.
Motion is a request sent to the court to ask for a change of order or lawful decision. Motion can be proposed in a variety of forms including a written letter or a verbal speech. There can be multiple motions be made throughout a single case.
Motions can be used to strategically make litigation that may impact your case outcome. Knowing what motions are available during the progress of your pre-trial becomes very important. It is your responsibility to file a motion and the court will not do it for you.
Consult with your attorney to submit a motion
While an individual can compose and send a motion, there are many rules and protocols to consider. For example, court-based requirements need to be followed when submitting a motion.
Some courts will only accept motions written using a template that they provide. There are certain wordings and sentence constructions considered proper. Even the timing of the submission may impact the success rate of the motion granted by the judge.
When it comes down to requesting a ruling in a lawsuit, it is suggested to have law professionals lead the way. Talk to your attorney about your desire of sending a motion and they will guide you in the right direction.
1. Have a reason why you need the Ankle Monitor removed
The first step is to have a reason for removing your Ankle Monitor. The reasoning should be legitimate because you will have to explain the same reasoning to convince your judge.
For example, the following may be considered good reasoning.
Job-Related Requirement
- Conflicts with the work clothing requirements.
- Job demands traveling to different locations.
- Underwater jobs such as diving, construction, or welding.
Health Concerns
- Require medical attention and hospitalization.
- Severe ankle pain or injury.
- Appointment for MRI, CT-Scan, or X-ray.
- Mental stress and distraction.
You can still request to remove the Ankle Monitor without a reason, but it may reduce the chance of your request being granted. It is always better to associate the drive with a plan of improvement and achievement.
2. Communicate with your supervision officer
If you have a supervision officer, you want him/her to be on your side. This is because your supervision officer will have a saying in the court to recommend to your judge.
It is important that you have not violated any restrictions before this point. Additionally, being respectful and maintaining a positive relationship can make an impact on the outcome.
Explain why you want to remove your Ankle Monitor. Your supervision officer may understand your concern and support you during your motion hearing.
There is a big chance your supervision officer decide not to approve. This depends on a case by case and maybe because of your type of crime or simply the mindset that he/she has for the job responsibility.
Don't worry, there is still a chance. Ultimately it's up to the judge to decide. Politely thank your supervision officer for the insight. You might have another chance to bring it up while proceeding with your motion request.
3. Create a motion document
When you want the court to take any action to modify your condition, your request must be provided through a motion.
As mentioned in the earlier chapter, creating a motion can be tricky. Some courts require your motion to follow certain rules and protocols. Even terms and structures need to be professional to avoid misunderstanding during the hearing.
We recommend talking with your attorney to assist in creating your motion. Local attorneys will most likely have prior experience creating motions which can help you save time and increase the chance of your motion being granted.
Fill in the Caption information
Caption information includes the following.
- The name of the Court
- The name of the Plaintiff or Prosecutor
- The name of the Defendant
- Case Number
Write the title and the body of your motion
Title your motion based on your condition of wearing the Ankle Monitor. For example, you may title it as "Motion to Modify ____" and fill it in with either "Probation", "Parole", or "Bail".
Start your body with an introduction and describe who you are representing. "Comes now ____ (Your Name), Defendant represents himself in the above-captioned cause, respectfully moves this Court to modify his ____ (Provation, Parole, Bail). In this motion, Defendant states the following ..." explain that you want your Ankle Monitor removed.
Describe facts of your case background
Providing your case details will help the judge catch up to your statement. In general, the following background information would be useful.
- Starting date of your case condition.
- Describe you have an Ankle Monitor because of your condition.
- Lenght of the condition set by the Court.
Explain the reason why the Ankle Monitor should be removed
To give a stronger argument, provide reasons for why you are requesting to remove the Ankle Monitor. Include other facts that will help convince your judge to agree to your request.
- Explain the main reasons why the Ankle Monitor should be removed. The argument may say it is ineffective as you are showing good behaviors or causing a distraction to improve your life.
- State that you have complied with all court orders. Describing how you have never broken curfew, kept work, and paid all the court fees will show your reliability.
- If your supervision officer has agreed to you removing your Ankle Monitor, state the fact which will greatly support your argument.
Close your motion with a conclusion
At the end of the motion, restate the request that you want your Ankle Monitor removed. The conclusion could say: "WHEREFORE, the defendant requests that the Court approves the _______ (Motion Title) and issue an order to take effect." Finally include today's date and your signature below the conclusion.
Include a certificate of service
A copy of the motion needs to be sent to both your prosecutor and your supervision officer. Either at the end of your motion or on a separate page, include that you certify to provide a copy of this motion. Inform the method and date of delivery to each party. An example will be: "I certify that a copy of _____ (Motion Title) was served on the following on _____ (date of service), via email at the email address indicated below: _____ (Name of the Party) _____ (Email Address) _____ (Position or Job Title) "
Define an order proposed regarding the motion
For the judge to grant your request a signature is required on a document called "Order". Compose an order document that will be sent together with your motion. An acceptable order will include the caption information at the top, and the order description such as:
"Hearing held on the motion at ________ (Date of the hearing), the Court finds good cause and it is hereby ORDERED that the Defendant's _____ (Title of the motion) is GRANTED."
At the bottom of the order insert a line section for the judge to sign.
4. Keep multiple backups of your motion document
Once you have completed composing a motion document, make sure to have multiple copies just in case.
Having multiple copies does not mean having a digital file on your computer, but a physical copy handy with you. There are several reasons having copies of your motion can benefit you, including the following:
- Send an identical copy of the motion to your supervision officer and your prosecutor.
- Resubmit the motion in case it got lost during the process.
- The court may request you to file multiple copies of the motion.
- Review the motion details to prepare for your hearing.
Having a motion granted by the court can make a big impact on your situation. Being prepared with the essential documents will bring comfort and confidence when presenting your request.
5. Set up a hearing date
For your judge to acknowledge your motion and apply any changes, it must happen during the dedicated hearing occasion. This means you will need to schedule a hearing date before submitting your motion.
Each court handles the process of scheduling the hearing slightly differently. It is best to ask the court staff or your attorney how to schedule a hearing. Usually, a hearing schedule can be requested by submitting a form known as a Notice of Hearing.
If there is no form or you couldn't get in touch with people who can advise, you still can create one on your own. Choose a template and update it with your caption information as well as the hearing details.
- Title: Notice of Hearing
- Date and Time of the Hearing
- Location of the Hearing
- Your signature
6. Submit your motion to the court
Once the hearing schedule is set, you are ready to submit your motion. Bring the original document of your motion and a few copies to the court in case they are needed.
There may be a filing fee depending on the court. After the court staff reviews your motion, they will apply the filing date with an approval stamp. Once the court staff accepts your motion, it is successfully submitted.
7. Send a copy of your motion to the prosecutor and the supervision officer
Being in contact with your prosecutor can be a sensitive action that can lead to an unexpected outcome. This is an optional step that may or may not be necessary to you depending on your circumstance. Please talk with your attorney to receive proper advice.
Your prosecutor and your supervision officer can also be informed about your hearing schedule. Although they may appear at the hearing to suggest against removing your Ankle Monitor, there is a better chance of your request getting granted by being respectful and upfront.
You may find information about how to properly contact your prosecutor and your supervision officer in your Certificate of Service document. Another way would be to reach out to the court staff for a proper contact method.
Send a copy of the Notice of Hearing to your prosecutor and your supervision officer so that everyone related to your case is aware of your motion request.
8. Attend the court hearing
There are three important points to keep in mind when attending a court hearing.
- Arrive at court earlier.
- Dress properly.
- Bring all required documents.
Arrive at court earlier.
Wake up on time and leave your house early in case of traffic and find parking. Arriving at least 15 minutes before the hearing schedule is recommended. If you are late to the hearing, the judge will reject your motion.
Dress properly.
At court, the way you dress may have a big impact on the outcome. You want your judge to agree to remove your Ankle Monitor by giving the impression that you are a responsible person. Dressing properly will show a clean and confident feel that can help convince your judge.
Men Business Casual
- Dress Shirt
- White Collar Shirt
- Dress Pants
- Business Tie
- Dark Dress
Shoes Women Business Casual
- Dress in Pants or a Skirt
- White Collar Shirt
- Business Tie
- Dark Dress Shoes
Avoid wearing anything inappropriate, including
- T-shirts or Shorts
- A Hat or a Cap
- Sneakers or Sandles
Bring all required documents
Aside from the copy of your motion, the following documents will be helpful to take with you.
- Your case documents.
- Documents showing your compliance with your Ankle Monitor condition.
Organize and pack all documents the night before for better preparation.
9. State your argument
During your hearing, you will have the moment to state your argument. When advised by the court staff, approach the front of the courtroom. Start the opening of your oral argument clear and strong by introducing,
- Your name
- Who you are representing
An example of an opening would be, "Your honor, my name is _____ and I am representing myself."
Keep your argument clear and precise by following what you stated in your motion. Adding a new argument not mentioned in your motion can cause an issue or confusion. It is important to remember to say "Your honor" when calling the judge, not to interrupt when the judge is talking, and listen when a question is asked.
10. Receive the decision
The hearing will conclude with a decision by the judge. The judge will consider all aspects of the case, including your charges, the prosecutor's and supervision officer's suggestions, and your reported behaviors.
If the judge granted your motion request, congratulation you are free from your Ankle Monitor. The judge will then sign the order in the motion you provided. You will then be able to coordinate with your supervision officer to remove the Ankle Monitor.
Of course, there are some possibilities that the judge will order you not to grant your request. If that happens to you, remember to remain calm and respectful.
The way you react in front of the judge can give a strong impression to everyone involved in your case. Presenting good behavior under challenging circumstances can lead to a better outcome toward your next motion occasion, and even better it might bring goods to your entire case.
Overview of how to legally remove an Ankle Monitor
Legally removing an Ankle Monitor can be challenging, but it is possible. The proper way to request the court to remove your Ankle Monitor is by submitting a motion.
While a motion can be submitted by anyone, we recommend consulting with an attorney to maximize the chance and speed of your request getting granted.
Many people were able to remove their Ankle Monitors by going through the same process in this article. We wish you the best and please let us know about your success story.