Can You Bond Out On A Violation Of Probation?
When on probation, you may be concerned about the consequences of violating your probation and whether you can secure bail for a probation violation. The answer, as is often the case in legal matters, depends on various factors.
If you or a loved one has violated probation, reach out to a dedicated VOP attorney near you right away. Probation violations carry severe penalties, including arrest and potential detainment without bond. The consequences of violating probation can be significant, depending on the circumstances, making it crucial to have an expert attorney on your side.
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Can You Post Bail If You Are On Probation?
After violating probation, common questions include “will I go to jail?” and “can I post bail?” The answer to the first question is usually yes, while the second question’s answer depends on the situation.
If you violate probation, your probation officer may initiate an arrest procedure. The process they use depends on the offense you’re on probation for.
- For minor offenses, they will send an affidavit to the judge, who will determine whether your probation has been violated. If the judge agrees, they will sign an arrest warrant.
- For felony offenses, your probation officer will submit a Department of Corrections Violations report.
These documents are sworn statements outlining the reasons your probation officer believes you have violated your probation. An arrest warrant will be issued, and you may be arrested at your home or have the opportunity to turn yourself in. You will then be held until a hearing is scheduled to review the probation violation accusations. During this time, you will likely be held on a “no bond” status until a bond request is made.
While you may be able to post bail if you are re-arrested for a probation violation, the decision ultimately lies with the judge. A judge can decide whether or not to set bail; however, judges often sign a warrant with no bond for probation violations.
If the judge sets a bond amount, you can be bonded out just like for any other arrest. Nonetheless, probation violations are taken very seriously, and when individuals violate their probation, the courts often view this as a disregard for the law. Consequently, the judge may not set a bond amount for probation violations. If the judge sets a “no bond” status, the probationer will not be able to bond out.
Moreover, a Violation of Probation hearing follows different rules than a conventional hearing. The burden of proof is lower, and the court has broad discretion in determining your punishment. This means they could revoke your probation for seemingly minor violations.
In some cases, judges will not sign an arrest warrant and instead issue a Notice to Appear or Summons for a new court hearing. This typically occurs for technical violations of probation vs. substantive (new criminal charges) violations. If a judge issues a notice to appear or summons, you will not have to be arrested but must show up in court at your hearing date.
For these reasons, facing probation violation charges alone is ill-advised. An experienced probation violation lawyer can help protect your freedom and assist in getting your probation reinstated. Probation violations are always serious and demand skilled representation in court.
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What is Probation?
Probation refers to a period when an individual is released from jail but has not yet completed their legal process.
Instead of serving time in prison, an offender on probation is closely supervised and must adhere to court-ordered requirements such as rehabilitation, therapy, and regular check-ins with probation officers.
What constitutes a probation violation?
A probation violation occurs when someone fails to comply with the conditions set by the court to avoid incarceration.
Some common probation violations include, but are not limited to:
- Missing an appointment with a probation officer
- Testing positive for drugs or alcohol
- Leaving the state without obtaining permission from your probation officer or the courts
- Failing to attend court-ordered therapy
- Defaulting on fine payments
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Remember that violating probation can lead to serious consequences. If you or a loved one is facing a probation violation, it’s essential to seek legal assistance and contact a reputable bail bonds company like Roger Sayegh Bail Bonds to help navigate the process.
How Long Can They Hold You In Jail For Probation Violation?
Many people believe that when arrested for a probation violation, they will automatically be held in jail without bond. However, this isn’t always true. According to Fla. Stat. ยง 948.06(4), a court may issue a bond for a pending probation violation, giving the judge discretion to determine whether or not to grant bond if you’re accused of violating your probation.
The judge often considers several factors before making their decision:
- Reason for probation: If you are on probation for a non-violent crime, you are more likely to be granted bond than someone who has committed a violent crime.
- First-time probation violation: If you don’t have a history of violating probation, you have a better chance of getting bond than someone with multiple violations.
- Type of violation: Were you arrested for a new or different crime, or was the violation technical, such as failing to pay restitution, failing a drug test, or violating another probation condition? A technical violation often has a higher chance of resulting in bond than a new law violation.
- Justifiable reasons for bond issuance: The judge may grant bond if there is no significant risk of you failing to appear in court and you don’t pose a danger to the community. Strong family and community ties can also support the issuance of bond rather than remaining in jail.
If a judge determines that you violated your probation, they have three options:
- Reinstatement of probation without changes
- Modification of probation sentence with additional sanctions
- Revocation of probation and imposition of prison or jail time
In case you or a loved one faces a probation violation, it’s crucial to seek legal assistance and contact a reliable bail bonds company like Roger Sayegh Bail Bonds to help you navigate the process. With a professional team available 24/7, Roger Sayegh Bail Bonds can offer guidance and support when you need it most.
