Whether you are dealing with probation violations or other legal issues, it’s crucial to understand your rights and options. A common question many people face is “Can you bail out of jail on a probation violation in the state of Florida?” The simple answer is yes, in many cases, you can bond out on probation violations, however, the court may set additional conditions or restrictions on your release such as specific travel limits, mandatory drug testing or treatment, and more. Additionally, depending on the reason for the violation or severity of the violation, and the jurisdiction it occurred, there may be no option to pay for bail.
When you are facing a probation violation, it is important to find a reliable and experienced bond agent who can provide the necessary assistance. An experienced bail bondsman will be familiar with local laws, processes, and procedures for obtaining a release. They can also help you understand the potential consequences of your violation and advise you on the best course of action.
Probation Violation Bond Services
A-O’Malley Bail Bonds in Hillsborough County offers comprehensive services for those facing probation violation charges. Understanding the nuances of local law, our experienced bondsmen navigate the complex landscape of the judicial system, providing timely assistance in securing a release. We are dedicated to informing clients about their rights and the potential repercussions of their violations while striving to expedite the bail process.
The team at A-O’Malley Bail Bonds believes in a proactive approach and works diligently to mitigate the complications associated with probation violations. We are committed to providing respectful, confidential, and professional service, supporting clients through every step of the bail process.
Give us a call if you or someone you know is facing probation violations in Tampa, FL or anywhere else in the surrounding Hillsborough County area, don’t hesitate to get in touch with A-O’Malley Bail Bonds. We offer prompt and reliable bail services – our team is available 24/7 to provide the assistance needed for a smooth and hassle-free release from jail!
What Happens When You Violate Probation?
If you are accused of violating probation, the court may place you in jail until your hearing. At the hearing, the judge will review your record and decide whether there is enough evidence to find you in violation of probation or to dismiss it. Depending on the circumstances, a judge may revoke or modify your probation, impose additional penalties, issue a warning, or take other appropriate action.
How a Bail Bondsman Can Help You
When facing probation violation charges, it is important to find an experienced bail bonds agent who can provide the necessary assistance. An experienced bond agent will be familiar with local laws, processes, and procedures
After your probation violation arrest, a bail bonds agent can help you understand the potential consequences of your violation and advise you on the best course of action to take. We may also be able to post your bond, if necessary so that you can be released from jail before your hearing.
After Posting Your Probation Violation Bail
After posting bail and your release, it is important to abide by all court orders and follow through with any requirements set forth for probation such as drug testing and treatment, community service, paying fines, GPS monitoring, etc. Failure to do so could result in additional consequences such as jail time.
The Type of Probation Violation Matters
The type of probation violation carries significant weight when it comes to determining the severity of the consequences you might face. Violations can broadly be classified into two categories: technical and substantive.
A technical violation pertains to non-compliance with administrative aspects of the probation, like missing a meeting with the probation officer or failing a drug test.
These violations, while serious, usually result in less severe penalties. On the other hand, substantive violations involve new criminal activities committed while on probation. These violations are deemed far more severe and can lead to harsher penalties, including extended probation periods or even incarceration.
Technical Violations vs. Substantive Violations
When discussing probation violations, it’s pertinent to distinguish between “Technical Violations” and “Substantive Violations”. These differing classifications carry unique implications for the possibility of obtaining bail after a violation.
Technical Violations
Technical violations arise when you violate specific terms or conditions of your probation, but do not commit new crimes. Common examples include failing a drug test, violating a curfew, or not reporting to your probation officer as scheduled. Generally, the courts view technical violations as less severe than substantive violations. However, the response to a technical violation can vary significantly.
For minor violations, the probation officer might issue a warning. For repeated or more severe technical violations, you might be taken to court. The option to pay bail is typically available in these situations, although the final decision lies with the judge.
Some of the violations defined by Florida Statutes § 948.06 include:
- Failure to submit to a drug test or alcohol test.
- A positive drug test or alcohol test result.
- Failing to meet with your probation officer.
- Failing to report a change in your address or failing to update other required information, such as employment information for example.
- Failure to attend a required class, treatment, rehab, counseling session, or meeting.
- A violation of curfew, should you have a curfew in your probation terms.
- Failure to meet your quota on any required probation condition, for example: making restitution payments, paying your court costs, or performing community service hours.
- Leaving the county (depending on the terms of your probation), or state, without permission.
- Any other violation as determined by administrative order of the chief judge of the circuit.
- Failure to remain at an approved residence by an offender on community control.
- Any other violation as determined by administrative order of the chief judge of the circuit.
Ultimately, it’s the judge’s decision whether or not to grant bail on a technical violation, and the decision is based on your particular circumstances.
Substantive Violations
Substantive violations occur when you commit a new crime while on probation. This type of violation is more severe and is dealt with more harshly by the courts. Substantive violations often lead to revocation of probation and imposition of the original suspended sentence. In these cases, the option for bail becomes less certain. The decision to grant bail will depend on factors such as the severity of the new crime, your previous criminal history, and your perceived risk to the community.
Here are a few examples of substantive violations and what they entail:
- Committing a New Crime: This is the most common type of substantive violation. If while on probation, you commit a new crime or have a new law violation, you have violated the terms of your probation, and this is considered a substantive violation.
- Association with Known Criminals: If your probation terms prohibit you from associating with certain individuals or known criminals and you violate this term, it is considered a substantive violation.
- Possession of Illegal Substances or Weapons: If your probation terms prohibit you from possessing illegal substances or weapons, and you are found in possession of such items, this is a substantive violation.
- Failing to Appear in Court: If you are required to appear in court for any reason and fail to show up to a court date, it is considered a substantive violation.
- Violation of Protective or Restraining Order: If you violate the terms of a protective or restraining order while on probation, it is another example of a substantive violation.
Each of these violations could lead to revocation of probation and imposition of the original suspended sentence. The exact consequences will depend on the specifics of your case, including the severity of the violation and your previous criminal history.
Frequently Asked Questions
Can you get a bond on a probation violation in FL?
Yes, you can potentially post bond on a probation violation in Florida, but it’s not a guarantee. When someone on probation is arrested for a violation, the courts may hold a bond hearing to determine whether bail will be granted.
The judge will consider various factors such as the nature of the violation (technical or substantive), the severity of the original crime, your past criminal history, the risk you pose to the community, and how well you’ve complied with probation rules in the past. The decision to grant bail is ultimately at the discretion of the judge handling your case.
What is a deferred adjudication probation?
Deferred adjudication probation is a form of supervised release that allows an individual to avoid a formal conviction on their criminal record. When a defendant enters a plea of guilty or no contest, the judge can choose to “defer” or postpone the adjudication of guilt. The defendant is then placed on probation for a certain period. Conditions of probation may include community service, counseling, or other requirements.
If the defendant successfully completes the probation, the charge may be dismissed, resulting in no formal conviction. However, if the defendant violates the terms of the probation, the court can adjudicate guilt and impose penalties, including jail or prison time. It’s important to note that even if a charge is dismissed after successful completion of deferred adjudication probation, the arrest and deferred adjudication remain on the person’s record.
What is a probation violation report?
A probation violation report is a document prepared by a probation officer when a probationer is suspected of violating the terms of their probation. This report provides detailed information about the alleged violation, explaining the nature and circumstances surrounding the violation.
It might include information like the date and time of the violation, the specific terms of probation that were violated, and any evidence supporting the allegation. This report is typically submitted to the court and may serve as the basis for a probation revocation hearing. It’s important to note that the severity of consequences can vary depending on the type and frequency of the violations reported.
Will I receive a jail sentence for a probation violation?
It’s possible to receive a jail sentence for a probation violation, but it’s not guaranteed and depends on various factors. These include the nature of the violation, whether it’s a technical or substantive violation, your past criminal history, and the judge’s discretion. A technical violation may result in a warning, probation extension, or stricter probation terms, while a substantive violation, especially committing a new crime, is more likely to result in a jail sentence.
Also, if you’ve violated probation multiple times, a jail sentence becomes more probable. However, each case is unique, and the final decision lies in the hands of the judge. A criminal defense lawyer can provide advice tailored to individual circumstances and may be able to get you reinstated or additional probation instead of a jail sentence.
What is a probation revocation hearing?
A probation revocation hearing is a court process in which the judge determines whether an individual on probation has violated their terms. The judge will consider evidence, including a probation violation report or any other evidence of the violation presented by the prosecutor or probation officer, and then decide whether to revoke the defendant’s probation or allow them to remain on probation.
A revocation hearing can result in imprisonment, additional probation time, or no action at all depending on the severity of the violation and other relevant factors. It’s important to note that individuals facing a revocation hearing may have legal options available to them and should seek advice from an experienced criminal defense lawyer as soon as possible.