Beginning in 2005 many South Carolina sex offenders were ordered to be maintained on lifetime electronic monitoring. This was to continue even after completing probation.
S.C. Code § 23-3-540 provides that these defendants can request to have the electronic monitoring requirements removed when the court finds significant evidence that the defendant has been in compliance and there is no further need for the monitoring to remain in place.
The very first hearing in the state on one of these requests was conducted in Lexington by our attorney James Snell. In that case the court granted our client’s request and authorized the removal of the electronic monitoring requirement.
If you are on sex offender monitoring, and are interested in having this requirement removed, attorney James Snell is able to assist you. We can quickly file the necessary court motion, and know how to serve it as required by the statute.
In order for you to have the best chance at success, we recommend the following:
- Having been on electronic monitoring for a minimum of ten years (this time period is required by the law and is mandatory).
- Having substantially complied with electronic monitoring requirements. Although 100% compliance is not necessarily required, your record should show efforts at making the required payments and at following monitoring rules.
- Not having a history of subsequent criminal charges, especially those involving sexually based offenses. For example, a misdemeanor arrest for marijuana possession or DUI probably wouldn’t disqualify you from having the monitor removed, but a conviction for assault on a minor child very well could.
- Having a stable employment and personal life is helpful.
If you are interested in meeting with James Snell regarding removing your electronic monitoring device the first step is contacting our office at 1-888-301-6004 for a free consultation. We are able to file petitions for the removal of electronic monitoring in every county in South Carolina.