Posting Bail for Probation Violation Arrests, Part 2

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Posting Bail for Probation Violation Arrests, Part 2

posting bail probation violation

In part one of this two-part blog series, we went over some of the basics on posting bail or bond for a probation violation. One of the most common type of arrests, probation violations will often allow for basic bail posting rather than remaining in custody – but not always.

At Beehive Bail Bonds, we’re happy to help with any and all 24/7 bail bond needs, including for those who have been taken into custody based on a violation of their probation conditions. In part one, we largely went over court hearings for a violation and the factors considered here by the judge – today’s part two will go over all the possible outcomes of this hearing, plus whether Utahns arrested for this reason are likely to receive a bail amount and how they can pay it.

Possible Hearing Results

First and foremost, the court will look to determine whether the defendant did indeed violate their probation. In rare cases, they will determine that this has not actually happened, and the defendant will be released.

More commonly, though, the court agrees that the defendant violated probation. In these cases, the following actions might be taken:

  • Defendant’s probation is revoked
  • Defendant’s probation continues
  • Defendant’s probation is modified, including possibly starting it over from the beginning

When probation is revoked, the defendant must immediately serve the sentence previously imposed – or the judge may re-sentence them, plus add time for the probation violation. They will also face charges for this newest incident.

Bail Amount Determination

In cases where bail is allowed for someone arrested on a probation violation – meaning the judge did not revoke their probation, but either continued or modified it – the amount of bail will vary based on several factors. These include both sets of charges, the new ones and the originals, plus the defendant’s behavior and record on probation to this point, additional evidence from the new charge, the defendant’s potential flight risk, and whether the defendant is gainfully employed.

Utah Probation Bail Limitations

Unfortunately for some defendants, the state of Utah is stricter than many when it comes to bail for certain probation violations. Per the Utah Constitution, anyone charged with a crime can post bail – except those who are accused of a felony while already on probation or parole. This means that any felony you are accused of during this probationary period will automatically eliminate you from being eligible for bail in this case. This simply underscores the importance of anyone on probation taking it seriously and not engaging in further criminal activity.

For more on posting bail for a probation violation, or to learn about any of our bail bond services or recommendations for defense attorneys, speak to the staff at Beehive Bail Bonds today.