If you are court ordered for a SCRAM bracelet and cannot afford it what can you do?

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Court ordered to wear a SCRAM bracelet and cannot afford the weekly cost. Is there any way to extend the probation period and make smaller weekly payments? What options are there besides jail/huber?

Attorney Answers

5
Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD ·
You need to file a Motion to Modify your probation and ask the Judge to relieve you of your obligation to pay. I practice in Maryland, not Delaware, however, I believe the laws on this issue are similar. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
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Julia Simmons ·
Hire an attorney to modify your sentence. Please be aware, I find it highly unlikely the judge will excuse you from everything. Likely, you'll either have to do the scram or go to jail. If I were you, i'd consider getting a second job to pay for your obligations.
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John Kaman ·
Wear the scram pay the man. No money's not funny. Jail is a possibility.
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Andrew Golden ·
Some judges are amenable to waiving the costs or considering alternative methods of tracking if you can show them a legitimate financial hardship, so you could contact the Court and ask them. You don't need an attorney to do it, but getting one who's familiar with the judge who sentenced you is probably a good idea. All that being said, if this is actually PROBATION and not pretrial it's likely the SCRAM was placed on you because the Court had doubts that traditional methods (i.e., random urine screens / breathalyzers / etc.) would work, so be careful what you wish for; the Court may tell you that you have to report daily to test clean, which many would consider a bigger hardship than the bracelet.
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Jay Nixon ·
Normally, jail is the alternate for not following any condition of probation, including self revocation if you simply cannot tolerate probation. If the judge believed that your substance abuse issues were so severe as to require a SCRAM as the only violable alternative to keeping you sober in jail, it may be difficult to convince him or her otherwise, unless you have convincing new evidence that you do not have any sort of chronic problem. Talk to your lawyer about your odds of winning such an argument in court. As correctly noted, motions to modify sentence or waive costs are also a possibility, where the same issues will come up.
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