Probation is usually a punishment available for a crime, generally a misdemeanor or first-time offense. Probation helps you avoid jail time or spend less time in jail. In exchange of this, you have to follow certain rules or restrictions under your probation. If you will not follow these rules during your probation period, it would result in probation violation which would cause severe consequences.
Signature Bail Bonds, a trusted bail bond agency in Santa Ana, CA has compiled a list of frequently asked questions about probation violation.
Can You Get a Bail on a Probation Violation?
If you have violated your probation terms and conditions, be prepared to be arrested and held by the police until the Motion-for-Probation-Revocation is filed. Post filing, your lawyer will be able to plead in front of the judge and try and get you bail during the hearing. Remember, it is tough to get bail if you have violated your probation, but it is not impossible.
What Happens When You Violate Your Probation for the First Time?
If you violate your probation for the first time, you would receive a warning from the probation officer. He would warn you of the consequences that you would have to suffer if you violate your probation again. If the violation is not serious, he would not involve a judge to avoid a case load. If you pay attention to his warning, there will not be any issue.
Is Violation of Probation a Misdemeanor or Felony?
It depends whether you are on misdemeanor or felony probation. If you have violated your first misdemeanor probation and the violation is not serious, the judge may extend your existing probation or change some of the conditions to address the violation. However, violating probation in a felony offense can be more serious. It depends on the decision of the judge.
What Happens at a Court Hearing for Probation Violation?
Once you are accused of violating your probation, your lawyer would have to prove to the court why it is alright to give you bail. Your lawyer will have to convince the judge of the following:
- You will appear in court as and when needed
- You are not a threat in any way to the judicial-process
- You are not a threat to the community
- There is minimal-risk of you committing a new criminal act
Also Read: Consequences of Contempt of Court
What Are the Factors That Determine Whether You Are Granted Bail?
The judge will take into consideration your behavior prior to the pre-conviction bail. In addition, be prepared to have added terms and conditions imposed on the new bail. These could include a personal appearance and/or PR bond, reporting to the police station on a daily basis and maintaining your curfew time stringently.
Furthermore, the judge will take into consideration the factors and circumstances that led you to violate your probation, your family ties within the State where you violated the probation, your mental and physical state and whether you have violated your probation sometime in the past. The above factors will determine whether or not the judge grants you bail.
How Long Do You Have to Go to Jail for Probation Violation?
Jail time is the most common punishment for probation violation. Even if you have served your entire probation term, you can still be sentenced to the maximum jail time for the violation.
What Does It Mean When You Get Your Probation Revoked?
When your probation is revoked, you may be required to serve the remaining time of your original sentence in jail.
That is why it is very important not to violate your probation and if you do, hire a good lawyer who can defend you appropriately in court. There are no guarantees that you will get bail, but if you have not violated the terms deliberately, you can still get bail.