Posted on: June 17, 2015 by in DUI
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California Penal Code 310.7 and 310.10

Orange County criminal defense attorneySince 2011, when the United States Supreme Court ordered California to relieve prison overcrowding, California’s judges have frequently imposed alternative sentencing. Requiring offenders to use a GPS tracking device is commonly an element of alternative sentencing. If you have been sentenced to parole or to house arrest in California with a GPS device, and you remove that device without authorization, it’s a violation, and your parole officer can have you jailed immediately under California Penal Code 310.7. A hearing will be held, your parole may be revoked, and you could serve the remainder your sentence in custody. You’ll need the immediate help of an experienced Orange County criminal defense attorney.

The use of GPS devices to monitoring convicted offenders was first approved by California voters in 2006. Proposition 83, the initiative that introduced GPS monitoring, was meant to reduce prison overcrowding, but within its first fifteen months, more than 5,000 convicted California offenders faced jail time for tampering with their tracking devices.

Convicted sex offenders now receive a mandatory minimum sentence of 180 days for removing their GPS devices under California Penal Code 310.10. That minimum sentence may go up this year if a proposal currently being considered in Sacramento is adopted. A bill sponsored by State Senator Pat Bates (R-Laguna Niguel) would make it a felony and would increase the minimum sentence to three years for sex offenders who disable their tracking devices. The proposal is a response to the case of two Anaheim parolees who removed their GPS devices and allegedly murdered four people after fleeing to Las Vegas and then Alabama.

If you are accused of a sex crime or any serious crime in Orange County or anywhere in southern California, or if you’re at risk of going to jail because you’ve been charged with removing a monitoring device, put your case immediately in the hands of an experienced Orange County criminal defense attorney. With your freedom at stake, don’t wait to make the call.

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