Most times when people are arrested they can post a bond (sometimes called bail) and get out of jail while waiting for their hearing. Posting bond is the Court’s way of making sure you show back up to defend your case. This is because if you do not show up, the bond company will revoke your bond and the entire amount will be due immediately. If you keep your word and appear when your case is on the docket, your bond stays in place without the bondsman having to hunt you down. A common question about bond is whether a person has the ability to post bond if the charge is a violation of probation.
Probation violations are governed by statute. The following is a list of the most common questions and answers about how probation and a violation of probation work:
- Bond: most cases of probation violation are not subject to a right to bond, at least not by statute. If you are able to put on a solid showing of evidence regarding your likelihood to return to court and the type of violation is technical rather than a new law having been broken, your chances of having bond set increase.
● Who decides: the Judge will hear the evidence and decide if a probation violation has taken place. This means you do not get a “jury of your peers” and must convince the Judge whether you have followed the terms of your probation, or strayed.
An aggressive criminal defense attorney can mean the difference between jail and freedom when you are charged with a violation of probation. Maintaining your freedom was the goal when probation was originally sought, and it remains key when you are faced with a charge that the terms of your probation have been violated. Staying out of jail allows you to maintain employment and provide financially for yourself and your dependents. Call a skilled criminal defense attorney for help if you have been arrested for a probation violation, we know how to minimize the impact this new offense has on your continued freedom.
For more information about probation violations, call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.