Gaithersburg, MD asked in Criminal Law and Domestic Violence for Maryland

Q: I am in Rockville MD. I am on "Pre-Trial", Electronic monitoring ankle bracelet. I have nothing to show I flight risk.

I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the District Court to have the Ankle monitor removed. When I was given a no bond release, my boss paid for me to stay in a hotel for over a month. I work, pay mortgage, and have children. There is no justification or reasonable reason for me to be considered any type of threat or flight risk. In a case related to this in the Circuit court the Judge told me and recognized I couldn't comment or testify in that case because it could have been used against me in the District court case. The Public Defender will not even respond to my requests for help because a court date has not been set. I see Cruel and Unusual Punishment. Excessive Punishment. Even double Jeopardy. Any help would be wonderful.

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the equivalent of serving a jail term, such that you have already served the maximum penalty og 90 days (if, in fact, that’s the maximum penalty for the offense for which you are on pretrial release). Pretrial supervision with an ankle monitor is extremely rare for a minor offense that carries a maximum of 90 days. There’s something more to your story that you have not shared, I suspect.

Douglas Phillips agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.