Understanding Probation Violations
Types and Consequences
A probation violation occurs when an individual on probation fails to comply with the terms set by the court. Violations can be technical (e.g., missing a meeting with a probation officer) or substantive (e.g., committing a new crime). The consequences of a probation violation can range from a warning to revocation of probation and imprisonment.
What is a Bond?
Definition and Purpose
A bond is a financial guarantee paid to the court to secure a defendant’s release from custody while ensuring their appearance at future court hearings. The bond amount serves as a security to make sure the individual complies with all court requirements.
Determining Bond Amount for Probation Violation
Factors Considered
The bond amount for a probation violation is determined by the court and can vary widely based on several factors. These factors help the court assess the risk of releasing the individual and ensure they return for future court proceedings.
Factors Influencing Bond Amount
Severity of Violation, Criminal History, Risk Factors
- Severity of the Violation: Serious violations, especially those involving new criminal charges, typically result in higher bond amounts.
- Criminal History: Individuals with extensive criminal records may face higher bond amounts due to the perceived risk of reoffending or fleeing.
- Flight Risk: The court will consider the defendant’s ties to the community, employment status, and history of appearing in court when determining the bond amount.
- Compliance History: Previous compliance with probation terms can influence the bond amount. A good track record may result in a lower bond.
Types of Bonds
Cash Bonds, Surety Bonds, Property Bonds
- Cash Bonds: The full bond amount must be paid in cash to the court. If the defendant appears for all court dates, the money is refunded.
- Surety Bonds: A bail bondsman pays the bond on behalf of the defendant for a non-refundable fee, usually 10% of the total bond amount.
- Property Bonds: Property can be used as collateral to secure the bond. The value of the property must be equal to or greater than the bond amount.
How to Find Out the Bond Amount
Steps to Take
- Contact the Jail: Call the jail where the defendant is being held to inquire about the bond amount.
- Check Online: Some counties provide online inmate search tools where you can find bond information.
- Court Clerk: Contact the court clerk’s office for information about the bond amount and any upcoming hearings.
Securing a Bond for Probation Violation
Working with a Bail Bondsman, Payment Methods
- Hire a Bail Bondsman: A bondsman can pay the bond on your behalf for a fee. This is helpful if you cannot afford the full bond amount.
- Payment Methods: Bonds can be paid in cash, by credit card, or by using collateral such as property.
- Prepare Documentation: Be ready to provide personal identification, information about the defendant, and details of the probation violation.
Legal Considerations
Rights and Regulations
Understanding your legal rights is crucial when dealing with bond issues. Defendants have the right to be informed of the charges and bond amount. It’s also important to follow all court orders and conditions set by the bond to avoid further legal complications.
Consequences of Not Posting Bond
Potential Outcomes
If the bond is not posted, the defendant will remain in custody until the court hearing. This can lead to:
- Extended Jail Time: Remaining in jail for the duration of the legal process.
- Impact on Employment and Family: Potential loss of employment and strain on family relationships.
- Worsening Legal Outcomes: Being in custody may affect the defendant’s ability to prepare for court hearings adequately.
Frequently Asked Questions (FAQs)
How is the bond amount for a probation violation determined?
The bond amount is determined by the court based on factors such as the severity of the violation, criminal history, and flight risk.
Can I pay the bond amount in installments?
Typically, the full bond amount must be paid upfront, but a bail bondsman can provide financial assistance for a fee.
What happens if I cannot afford the bond amount?
You can work with a bail bondsman who will pay the bond on your behalf for a fee, usually 10% of the total bond amount.
Can the bond amount be reduced?
Yes, you can request a bond reduction hearing where a judge will consider lowering the bond amount based on presented evidence.
What should I do if I miss a court date after posting bond?
Contact your attorney or the court immediately to explain the situation and reschedule the court date to avoid bond forfeiture.
Can I use property to secure a bond?
Yes, property bonds are accepted, where property is used as collateral for the bond amount.
Conclusion
Understanding how bond amounts for probation violations are determined and the steps to secure release can help navigate this challenging situation. By knowing the factors that influence bond amounts and the types of bonds available, you can better prepare to address a probation violation and ensure compliance with court requirements.
