Halloween is a holiday that many people look forward to for months before it happens. From the candy to the costumes and parties, there’s something for every kid and adult to look forward to. For adults though, Halloween can sometimes cause interesting legal difficulties if the party gets out of hand. Continue readings
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.
In the California prisons, cellphones are not allowed. The ban was enacted in 2011 when 11,000 illicit cellphones were confiscated from jails across California. Jail inmates were using their cellphones to devise ways to commit crimes. The issue wasn’t only the case of criminal activities inside the prison, but also the spreading of illegal businesses outside the jail compound into society. Continue readings
You may never think about applying for bail for yourself or a friend, but then again, no one expects calls in the middle of the night about bail opportunities. Yet sometimes the last person you would expect to get arrested can wind up making that call over something like drunk driving Here are ways to deal with the bail application to help take the emotion out of an arrest. Continue readings
Based on the law that a person is presumed innocent of a crime until proven guilty, it follows that no individual should have to do jail time until getting convicted. There are cases when suspects are denied bail, especially if they have a criminal history. The following is information on the difference between bail and bond. Continue readings
It’s easy to break laws in California (or any other state) since there are far too many laws for any one person to study. Not all laws are well publicized in the media, especially the ones that seem trivial or could trigger public outcry. Here are ten of the most surprisingly hidden laws that are routinely broken in California. Continue readings
A late night call from a jail cell is the last thing anyone expects to wake them up in their sleep. While it may never happen to some people, it’s still best to be prepared in case such an unfortunate scenario should occur. Here are points to remember about communicating with jail inmates lodged in an Orange County jail. Continue readings
If your teen is arrested, it won’t remain a secret for long. You will be notified by the police and then will likely be on the phone to a bail bonds agent to bail him or her out. Here are steps to take once you learn your teen is arrested.
It’s important for both you and your child to stay calm, since out of control emotions can make an arrest situation worse. The problem must be dealt with in a rational and professional manner. Chances are your child is uncomfortable or frightened by the idea of sharing a cell with other criminals, especially if it’s their first arrest
Contact an Attorney
After you have been contacted by law enforcement about your teen’s arrest, you should call an attorney to get advice on how the teen should proceed with questioning at a juvenile detention facility. You have the right to tell the police that you do not want your child questioned without an attorney present. Since you may not be able to attend questioning, it’s best to focus on getting them out of jail as fast as possible, so that they aren’t persuaded to admit to a crime they did not commit. If you do not have your own family attorney, you can request a public attorney.
Find a Bail Bonds Agent
With the help of a bail bonds agent you can speed up the process for getting your teen out of jail after a judge sets the bail amount. Since bail bondsmen work around the clock, it does not matter what time of day you call, as their operations are 24/7. Bail bondsmen commonly charge 10 percent for their service and ask for property as collateral, such as a car or home. After that you need to make sure that your child complies with court arrangements.