There are several charge or arrest types that might result in someone being taken into custody, and one of the most common is a probation violation. Probation is a commonly used program for those who the state wants to monitor in a variety of ways rather than incarcerating them, but those who violate the conditions of their probation may be taken into custody simply for these actions alone.
At Beehive Bail Bonds, we regularly deal with clients who have been jailed for probation violations and require resulting bail bond services. Are you allowed to post bail for a probation violation? How does this situation work, and is it different from a normal bail or bond posting circumstance? This two-part blog will go over everything you need to know, including how these specific areas work within the state of Utah.
Firstly, it’s important to understand what probation is. It refers to a suspended sentence of incarceration, but one that comes with various behavior conditions: Commonly things like completing drug treatment or counseling, regularly visiting a probation officer and more.
In many cases, conditions of probation are somewhat vague and require those in this situation to be very careful. They may use language like “keeping peace” or “good behavior,” but those don’t really define much and can be interpreted in various ways. However, a universal interpretation here is that any significant criminal activity while on probation – beyond something as minor as a speeding or parking ticket – will usually be cause of a probation violation.
If anyone on probation is arrested for a probation violation, they will have the right to a court hearing. It’s important to ensure you have an attorney with you for this hearing, both for representation and for assistance with possible bail bond posting. Just like any other hearing, the defendant will be able to plead guilty, not guilty or no contest here.
While bail will often be possible at this court hearing, it is not guaranteed whatsoever – the defendant must be able to show a strong case for their release from jail once again, and failure to do so might not only keep them incarcerated, but could weaken their overall case.
During this court hearing, the judge will go through a wide range of factors to determine whether the individual should be granted bail. The nature of the new crime is the most important factor, but the original will also be considered, as will the defendant’s mental state, character and criminal history.
In rare cases, evidence will be presented for the new charges involved. Such cases might involve defendants who are charged with tampering with drug test results, for instance.
For more on the process of posting bail or a bond for a probation violation arrest, or to learn about any of our 24/7 bail bond services or defense attorney recommendations, speak to the staff at Beehive Bail Bonds today.