Can You Get a Bond For a Probation Violation?
Bond For a Probation Violation
When a person on probation is accused of violating their terms, a warrant can be issued for their arrest. They are then required to turn themselves in and be confined until a violation of probation hearing can be scheduled. In some cases, a judge may not even set bail for the alleged offender.
The answer to whether or not you can get a bond for a probation violation depends on several different factors. Some of these factors include how long you have been on probation, the type of offense for which you are being charged, and how many prior probation violations you have had. During the violation of probation hearing, the judge will review these documents and make a decision on whether or not to set bond.
If the Judge decides to set reviews for bail bonds, they will set the amount of your bond. You can then be bonded out of jail just like you would with an original arrest. However, you should know that probation violation bonds are often more expensive than the original arrest bond.
Can You Get a Bond For a Probation Violation?
In some cases, the Judge will not set a bond and will keep you in custody until your case is resolved. This is especially true when the State argues that the violation of probation is so serious, for example, a new crime has been committed.
During the violation of probation hearing, you will have the opportunity to present evidence and witnesses. The judge will listen to both sides and then make a decision. They will not only consider the evidence presented, but will also examine how that evidence was gathered. For instance, they will look at whether the sworn statements were accurate and if the evidence is strong enough to support guilt.
If they are not convinced of your innocence, the judge can revoke your bond and take you back into custody. They can also change the conditions of your bond and require you to remain in custody until your case is resolved.
The process begins when the court sets a bail amount based on various factors, including the severity of the charges, the defendant’s criminal history, and the perceived flight risk. Once the bail is set, the defendant can choose to pay the entire amount in cash to the court, which will be refunded after the legal proceedings are concluded. However, due to the often substantial sums involved, many individuals turn to bail bond services for assistance.
In the case of a bail bond, the defendant pays a percentage of the bail amount to the bail bondsman, typically 10% to 15%. The bondsman then issues a bond to the court, guaranteeing the full bail amount. This fee serves as the bondsman’s compensation for taking on the financial risk and ensuring the defendant’s compliance with the legal process.
A skilled probation violation attorney will be able to present the evidence and arguments that convince the judge to grant your bond. They will have the ability to bolster your case by offering context and personal information that will reassure the Judge that you are not a flight risk or a danger to society. This can help you get the bond that you need to return to court when necessary and not violate your terms of probation again. Contact Ruane Attorneys to find out how we can fight for your bond when facing a probation violation.