Last Updated: August 23rd, 2022 at 1:13 pm
Read Time: 6 Minutes
If you are on probation, you may wonder what would happen if you violate your probation, and if so, can you bail out of a probation violation. The answer is, as, with many things in the legal world, it depends.
If you or a loved one have violated probation, contact a dedicated VOP lawyer near you immediately. Violation of probation comes with severe penalties, including arrest, and you may be held without bond. Depending on the circumstances of your or your family member’s violation of probation, the penalties can be significant, and you will need an expert attorney to help you.
Matt Shafran is an experienced probation violation defense lawyer, and he and his team will work tirelessly on you or your loved one’s behalf. For more detailed information about if you can bail out of a probation violation and a free case evaluation, contact (954) 845-0505 and ask for defense attorney Matt Shafran. Our phones are answered 24-hours a day, 7-days a week, including holidays, so that you can reach an attorney at any time, day or night.
Can You Post Bail If You Are on Probation?
After violating probation, the most commonly asked questions include “will I go to jail?” and “can I post bail?” The answer to the first question is most often yes, and the answer to the second question is, it depends.
If you violate probation, your probation officer may begin an arrest procedure. Which procedure they use depends on the offense for which you are on probation. If it is a low-level or minor offense, they will send an affidavit to the judge, who will read it and determine whether your probation is violated. If the judge agrees, they will sign an arrest warrant. If your original offense was a felony, your probation officer will submit a Department of Corrections Violations report.
These documents are sworn statements that detail the reasons your probation officer believe you have violated your probation. An arrest warrant will be issued, and you may be arrested at your home, or you will have the chance to turn yourself in. You will then be confined until a hearing is set to review the accusations of probation violation against you. During this time, you will most likely be held on a “no bond” status and remain confined until there is a request for a bond.
While you may be able to post bail if you are re-arrested for a probation violation, it will depend on the judge. A judge can decide whether or not to set bail, but oftentimes, Judges sign a warrant with no bond for violations of probation.
If the judge sets a bond amount, you can be bonded out just as you would for any other arrest. However, probation violations are taken very seriously, and when people violate their probation, the courts often consider this a disrespect for the law. Therefore, the judge may not set a bond amount for probation violations. If the judge sets a “no bond” status, the probationers will not be able to bond out.
In addition, 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.
Sometimes, Judges will not sign an arrest warrant and issue a Notice to Appear or Summons for a new court hearing. This typically happens on 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, it is never a good idea to face probation violation charges on your own. An experienced probation violation lawyer can help you keep your freedom and help you get your probation reinstated. Probation violations are always serious and require experienced and skilled representation in court.
How Long Can They Hold You in Jail for Probation Violation?
People often assume that they will automatically sit in jail with no bond when arrested on a probation violation. However, this is not always the case. According to Fla. Stat. § 948.06(4), the court can issue a bond for a pending probation violation. This statute gives the judge leeway to decide whether or not to grant bond if you are accused of violating your probation.
Before making their decision, the judge often considers several factors.
Why the Accused Offender Is on Probation — If you are on probation for a non-violent crime, you are more likely to be bonded out than someone who has committed a violent crime.
Accused Offender’s First Probation Violation — If you don’t have a record of violating probation, you have a better chance of getting a bond than someone with repeat violations.
The Type of Violation — Were you arrested for a new or different crime or was the violation a technical one, such as failure to pay restitution, failing a drug test, or some other condition of your probation. If it is a technical violation, you have a better chance of getting a bond than if someone with a new law violation.
There Are Good Reasons for Issuing a Bond – There is no substantial risk that you will fail to appear and do not pose a danger to the community. Strong family and community ties can also be a reason for issuing a bond rather than remaining in jail.
If a judge does find that you violated your probation, they have three options:
- Reinstatement of probation unchanged
- Modification of probation sentence with additional sanctions
- Revocation of probation and prison or jail time
How Can I Avoid Jail Time for Probation Violation?
A judge won’t know you the way your probation violation defense attorney will. A judge has a short amount of time, often only a few minutes, to become familiar with your case and form an opinion. Your probation violation attorney will get to know you and be able to advocate for your freedom.
When strapped for time, a judge may give the probation violation report or arrest affidavit a quick review when deciding if they should issue a bond. If your probation violation attorney can offer context and personal information about your situation, it may help you get a bond decision.
Employment is a significant factor in a judge’s decision to grant bond in a probation violation case. The main goal of probation is to allow offenders to be rehabilitated by offering them a non-prison sentence where they can become fully functioning and contributing members of the community. And statistics show that financial desperation is a major reason that offenders commit new crimes.
If you end up in jail, there is a likelihood that you will lose your job. If your employer is willing to keep you, the judge will have a good reason to release you. Your probation violation attorney can be instrumental in demonstrating to the judge that you are employed and likely to remain employed if you are released.
If you are bonded out, there is a better chance that you will be able to reinstate your probation. Offenders who remain in custody are more likely to get a jail sentence instead of reinstated or additional probation. Whether or not a bond will be issued for a probation violation arrest can vary from offender to offender, depending on the details of each case.
If you or a loved one has been arrested for a probation violation, contact Weinstein Legal to find a criminal defense attorney skilled in probation violation charges right away. It is essential to act fast to protect your rights and your freedom. Our dedicated and experienced team will fight for the best possible disposition or even dismissal of your case.