Can You Have Federal Pretrial Supervision with Curfew without Location Monitoring?

Yes, a federal judge can order a curfew as a condition of pretrial supervision without requiring location monitoring.

• Conditions of Release: Judges have broad discretion to set conditions of pretrial release to reasonably assure the defendant’s appearance in court and the safety of the community.
• Curfew as a Condition: A curfew can be a reasonable condition to limit a defendant’s activities during certain hours, especially if the alleged crime occurred at night or if the defendant has a history of violating court orders.
• Alternatives to Location Monitoring: While location monitoring can be used to enforce a curfew, it’s not the only option. The judge may rely on other methods to ensure compliance, such as:
• Phone check-ins: The defendant may be required to call a pretrial services officer or answer phone calls at specific times.
• In-person reporting: The defendant may be required to report to a pretrial services officer or probation office regularly.
• Home visits: Pretrial services officers may conduct unannounced visits to the defendant’s home to verify compliance with curfew.
• Drug testing: Regular drug testing can be used to deter substance use that might lead to violating curfew.

Important Considerations:

• The Judge’s Decision: The judge will consider the specific facts of the case, the defendant’s criminal history, and the nature of the charges when deciding whether to impose a curfew and how to enforce it.
• Location Monitoring: Even if not initially required, the judge may add location monitoring as a condition of release later if the defendant violates curfew or other conditions.