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CAN YOU WAR AN ANKLE MONITOR WHEN YOU HAVE A PACEMAKER AND DIFIBULATOR WHEN IT IS NOT RECCOMMENDED BY ANY CARDIOLOGISTS???

Miami, FL |

I HAVE A PACEMAKER AND A DEFIBULATOR WITH A SERIOUS HEART CONDITION.. THE COURTS RECCOMMENDED THAT I WEAR A ANKLE MONITOR BEFORE WEARING I HAD ADDRESSED TO THE COURT IF THE ANKLE MONITOR AFFECT MY PACEMAKER AND DEFIBULATOR .. THEY TOLD ME NO, AND EACH TIME THAT I PLUG IN THE BRACELET TO BE CHARGED I HAVE CHEST PAINS AND FEEL LIKE IM GETTING ELECTROCUTED . I HAVE CHECKED ON GOOGLE IF I COULD WEAR AN ANKLE MONITOR WITH A PACEMAKER AND A DIFIBULATOR AND ALL OF THE RESULTS SAY NO. A CELLPHONE AND MICROWAVE CAN CAUSE MY DEVICES TO GO OFF. AN ANKLE MONITOR CAN CAUSE EVEN GREATER COMPLICATIONS BECAUSE IT IS CHARGED DIRECTLY TO MY BODY AT 120 VOLTS OF ELECTRICITY AND CAN CAUSE MY HEART DEVICES TO STOP. WHAT DO U SUGGEST I DO SINCE I HAD ADDRESSED PRIOR TO WEARING THE DEVICE ..

Attorney Answers 5


  1. Best answer

    You will need the Judges permission to remove the ankle monitor, and in order to get the Judge's permission you are going to have to file (and almost certainly) litigate the issue. The bigger problem is that if you are on an ankle monitor then the odds are that it is in lieu of incarceration (i.e. the Judge is letting you remain out of jail but wants to keep tabs on you), and apparently the Judge wasn't comfortable in allowing you to be on "regular" CC (community control sans the monitor).

    You should have your lawyer file a motion, cite the materials that you have found on line and, if you can afford it, plan on having a medical doctor (or other expert) in court when the case is calendared. Your health should come first, I just hope (for your sake) that it doesn't come at the cost of your liberty.

    If you are not represented please feel free to contact my law office for a consultation. I have been practicing criminal defense litigation primarily in Miami-Dade County for nearly 22 years and will be happy to review your circumstances and prepare for you a most effective presentation.

    Either way best of luck!

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


  2. You will need a letter from your doctor and any medical documentation that they have to support their position and tender it to the judge to let you off the ankle monitor.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  3. Call Mr. Haber so he can help you.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net


  4. Consult your doctor. If the doctor says it is a problem then you may be able to get that condition lifted.

    The response above is intended for informational purposes only. The information provided is not intended to be, nor should it be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with me is not intended to solicit or create, and does not create, an attorney-client relationship between me and any person or entity.

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