If you’re on probation, you need to follow the rules. If you don’t, you could end up back in jail. But what if your probation officer won’t give you a reason for a probation violation? Or perhaps your probation violation was for failing to attend drug treatment, which is something you can’t control because the program isn’t offered at your location. If that sounds like your situation, read on to learn more about bailing out of jail on a probation violation.
Can You Bail Out of Jail on a Probation Violation?
Probation is a court-ordered program in which an offender is required to serve a specified period of time before being released from custody. A probation violation occurs when an offender violates the terms and conditions of his or her probation by failing to report regularly to the probation officer, violating any other terms or conditions of his or her probation, or committing a new crime.
What Is A Probation Violation?
- If the offender is found to be in violation of his or her probation, the court will revoke his or her probation, and order him or her back into jail for up to one year.
- If a probationer violates any other terms or conditions of his or her probation, the court may impose fines and/or sentence the offender to prison for up to three years.
- If a probationer commits new crimes while on probation, he or she will face up to three years in prison and/or fines of over $10,000.
- Probationers are not allowed to leave the jurisdiction in which they are on parole without permission from their parole officer while they are on parole.
- Probationers must notify their parole officers if they plan to go out of state without permission from their parole officer. The violation of this condition is punishable by up to two years in prison and/or fines over $10,000.
- Probationers are subject to random drug testing at any time by their parole officers whenever it is deemed appropriate by the parole officer or by court order for any reason whatsoever at any time during their period of supervision as well as at any time during any period of incarceration following a conviction for another crime while on supervision after revocation of supervised release (I) Upon revocation of supervised release;
- Following a conviction for another offense;
- Following an agreement with prosecution that defendant will serve additional term(s);
- Following a conviction for a federal crime;
- Following a conviction for an offense of violence; or
- Following a conviction for an offense that carries a mandatory minimum sentence.
- Probationers must notify their parole officers if they plan to leave the state without permission from their parole officers. The violation of this condition is punishable by up to two years in prison and/or fines over $10,000.
- A probationer who is on supervised release may not be convicted of any crime in any jurisdiction while under supervision after revocation of supervised release except a Class C felony or if he or she violates the terms and conditions of his or her probation, or commits a new crime while on supervised release.
Bailing Out Of Jail After A Violation
- The criminal court will only revoke an offender’s probation if he or she has not previously received a probationary sentence.
- The criminal court will only revoke an offender’s probation if he or she has a previous felony conviction or misdemeanor conviction within the last ten years.
- The criminal court will only revoke an offender’s probation if he or she has been convicted of violating any other terms and conditions of his or her probation within the last five years.
- The criminal court will only revoke an offender’s probation if his or her offense(s) were committed in the jurisdiction where the offense occurred (not in another jurisdiction). In other words, the crime must have occurred in this state for the defendant to be eligible for revocation of his or her probation under these circumstances.
- If the defendant is sentenced to jail time as part of his or her sentence, then that sentence must be served first before any violation of parole by that person can result in revocation of his/her probation. However, if a person is given house arrest as part of his/her sentence and violates that house arrest order, then revocation can occur at any time without regard to whether he/she has ever received house arrest as part of a sentence before this violation occurs.
- If the defendant is sentenced to jail time as part of his/her sentence, then that full term must be served first before any violation of parole by that person can result in revocation of his/her probation. However, if a person is given house arrest as part of his/her sentence and violates that house arrest order, then revocation can occur at any time without regard to whether he/she has ever received house arrest as part of a sentence before this violation occurs.
- A defendant who is charged with violating probation can be charged with additional violations that are not related to the original violation of probation. For example, a defendant who has been convicted of three separate offenses for which he or she was placed on probation each time may be convicted of a fourth offense for which he or she violated probation. This fourth offense would not result in revocation of his or her original probation but would result in another term of imprisonment (i.e., another 3-year sentence).
- If the criminal court imposes an additional term of imprisonment on a defendant who has violated his or her probation by committing new crimes while on parole or after being released from custody, then that prisoner will serve the new sentence before any violation of parole by that person can result in revocation of his/her probation. However, if a person is given house arrest as part of his/her sentence and violates that house arrest order, then revocation can occur at any time without regard to whether he/she has ever received house arrest as part of a sentence before this violation occurs.
How To Bail Out Of Jail When You Have A Probation Violation
- You need to contact your probation officer, who will let you know how many days you have left on your current sentence.
- If you have a lot of time left on your current sentence, then you can ask the judge to let you out on bail while waiting for the outcome of your case.
- If you don’t have a lot of time left on your current sentence, then the judge will probably order that you stay in jail until your next hearing unless there is an exceptional reason why the judge should release you sooner (for example, if it is winter and it is too cold to hold people in jail).
- Even if the judge doesn’t release you from jail, there are still options for getting out of jail when you have a probation violation:
- a) You can post bail and go home.
- b) The court may let someone else post bail for you if that person has enough money to post bail for all of the defendants who are arrested at the same time as you and they agree to pay that person enough money to post bail for all of them.
- If none of these options work, then call a lawyer right away because this may be an emergency situation that needs immediate legal attention (such as if there is violence or other criminal activity involved).
Conclusion
If you’re on probation, you need to follow the rules. If you don’t, you could end up back in jail. But what if your probation officer won’t give you a reason for a probation violation? Or perhaps your probation violation was for failing to attend drug treatment, which is something you can’t control because the program isn’t offered at your location. If that sounds like your situation, read on to learn more about bailing out of jail on a probation violation.