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CAN YOU POST BAIL ON A PROBATION VIOLATION?

Last updated 2 years ago

     Getting bail is a privilege the judiciary allows an accused on the assurance that he/she will not violate any of its fixed conditions. Those who disrespect the conditions of their probation are at a serious risk of serving jail time or having to suffer other dire consequences including a restriction on renewing their bail. It is extremely tough to get released on bail when an accused violates their probation.

 Probation is a suspended sentence in which a person is required to keep the peace and be on their best behavior – it may include completing drug and alcohol treatment, counseling, and regular visits to the assigned probation officer. Defendants who have a probation violation charge against them are standing against a lot. The rules of evidence are relaxed so that State can bring evidence that was not allowed in the court trial thus complicating the defendant’s case and increasing his/her chances of facing punishment. The court can also place the defendant’s previously suspended sentence into effect and send them to jail immediately.

The conditions of probation are a bit ambiguous and can be interpreted in various ways depending on the situation. ‘Keeping peace and being of good behavior can mean different things for different authorities. If the defendant participates in any other criminal activity whether it is related or not related to their original crime, they are liable to suffer the punishment of probation violation. These are very strict conditions and hence it is essential to hire an experienced criminal defense attorney in such a case.

When a judge reviews a probation violation warrant submitted by a probation officer he sets the condition of release. So he may order that the accused be held without bail or he may increase the bail amount and condition or place more restrictions on the accused. Bail can be posted for probation violation, but the defendant must ensure that they have a strong case in their favor because failure at that trial can have quite a negative effect on their trial as a whole.

SOURCE: skreened.com

In determining whether to grant another bail to the accused a judge goes through the entire list of factors considered to grant the first bail or probation, even more thoroughly. All these are in keeping with Section 1026 of the constitution. The most important consideration is the nature of the crime charged and the circumstances under which the defendant has been accused. The original crime is also kept under careful consideration at this time. The defendant’s character and mental condition is closely studied in one-on-one questioning while scanning his criminal history.

las vegas  BAIL FOR PROBATION VIOLATIONS

If a defendant is applying for bail post probation violation then he needs to gather documentation to prove that he works somewhere, and that too somewhere respectable. Additionally, collecting documents for any medical treatment or health condition in the recent past is beneficial. Getting drug screens from a walk-in clinic on a weekly basis to be presented the court and letters of support from family, friends and responsible members of the community can help strengthen the case. A detailed report on reasons for violation of the probation and a sincere apology letter can also help the case to a certain extent.

Respecting the period of probation and keeping a close tab on the defendant’s activities is very important. This must be done by the accused himself and his family or friends.

 

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