Tulsa Attorney BlogOklahoma Attorney Discusses a Motion to Remove an Ankle Tag

The Ankle Tag Is Called a SCRAM Device

Video Transcribed: Hi, I am Oklahoma attorney, Brian Jackson. I work with the criminal defense attorneys at Wirth Law Office in Oklahoma. I wanted to talk to you a little bit about bond reductions.

Basically, the ankle tag is what’s called a SCRAM device, and it is a GPS tracker that tracks the movements of the defendant. And they’re used both if there is a flight risk, or if there is a safety risk to the victim. And safety risk would only apply in domestic violence cases.

The usual arguments you raise anytime you want a bond reduction is under either the Petition of Humphreys or under Brill. And both cases basically set out certain factors that come into play with respect to bond.

Now in Oklahoma, the main purpose of bond and conditions of bond is to secure appearance. In other words, the court is supposed to do an analysis on your flight risk and make a determination, are you a flight risk, or are you not a flight risk?

If you are a flight risk, then in that event, the court can set a higher bond and set additional conditions for a bond, such as an ankle monitor. If you are determined to be a safety risk to the victim in a domestic violence case, they can also attach an ankle monitor to make sure you’re staying away.

Now, in this case, I was able to successfully argue to the court, both that my client was not a flight risk, and that he was not a risk to the victim, mostly because enough time had gone by and he’d shown that he was going to stay away, that the court was willing to entertain that.

Now, something to be aware of is if you are subject to a no-contact order as part of the bond, and it’s typical in cases where there’s a victim, the defendant will be told to stay away from the victim. It’s very important you do so, because if you do not observe a no-contact order, whether you have an ankle monitor or don’t have an ankle monitor, then you can have your bond violated. It can cost you your freedom. You’ll end up in County. So it’s very important to observe those.

But for this particular individual, the good news is he is no longer on an ankle monitor and he is out and free and able to go about his business without the annoyance of having something sticking to his body. So that’s good news for him. And it is something to show that, yeah, you can get these devices taken off. Sometimes it’s not easy, but it can be done.

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