Can You Get a Bond on Probation Violation?
If you are currently on probation and find yourself in a situation where you have violated the terms of your probation, it’s natural to wonder whether you can get a bond to get out of custody. The answer is, it depends on the specifics of your case and the laws of your state or jurisdiction.
Understanding Probation Violations
Probation is a type of alternative sentencing where an offender is released from custody under the condition that they meet certain requirements, such as attending counseling sessions, completing community service, or remaining gainfully employed. The terms of probation are specified by the court and typically include specific rules and requirements that the offender must adhere to.
If an offender fails to meet these requirements, they are considered to be in violation of their probation. This can occur in a variety of ways, such as:
• Missed court appearances
• Failure to pay fines or fees
• Committing a new crime
• Associating with known felons
• Leaving the jurisdiction without permission
Bonds for Probation Violations
In the United States, bonds are typically used to secure the release of an offender while they await trial or face sentencing. However, obtaining a bond for a probation violation is a more complicated process.
Can a Bond be Set for a Probation Violation?
In most states, a bond cannot be set for a probation violation in the classical sense. The courts typically view probation violators as being in violation of their agreement with the state, rather than awaiting trial or sentencing.
That being said, there may be situations where a court can set a bond or "own recognizance" (OR) for a probation violator, usually in cases where:
• The violation is not considered serious
• The offender has a good attendance record and has otherwise been in compliance with their probation requirements
• The prosecutor and defense attorney agree on the terms of the bond
Factors That Determine Whether a Bond Can Be Set
Several factors determine whether a bond can be set for a probation violation. These include:
- The nature and severity of the violation
- The offender’s criminal history and risk of flight
- The likelihood of the offender to comply with the terms of their probation if released
- The interests of justice and public safety
Table: Factors that Determine Whether a Bond Can Be Set
| Factor | Significance |
|---|---|
| Nature and severity of violation | More serious violations may not be eligible for a bond |
| Offender’s criminal history and risk of flight | Offenders with a history of non-compliance or flight risk may not be eligible for a bond |
| Likelihood of compliance | If the offender is likely to comply with probation requirements if released, a bond may be set |
| Interests of justice and public safety | If releasing the offender on bond serves the interests of justice and public safety, a bond may be set |
Types of Bonds for Probation Violations
If a bond is set for a probation violation, it is typically a cash or surety bond. A cash bond requires the offender to pay the full amount of the bond if they fail to comply with the terms of their probation. A surety bond, on the other hand, requires the offender or their cosigner to put up collateral to secure the bond.
What to Do if You’re Facing a Probation Violation
If you’re facing a probation violation, it’s essential to seek legal representation as soon as possible. A qualified attorney can help you understand your options and prepare your case for court. If a bond is an option, your attorney can help you navigate the process and ensure that you meet the necessary requirements.
In conclusion, while it’s not always possible to obtain a bond for a probation violation, there may be situations where a bond or "own recognizance" can be set. Factors such as the nature and severity of the violation, the offender’s criminal history and risk of flight, and the likelihood of compliance all play a critical role in determining whether a bond can be set.
