In most cases, when a person violates the terms of their probation, the bonding process changes slightly. The arrested party must wait until probation revocation is filed before they can go before the judge. If the party is currently on deferred probation, the judge is required to set a bond for release. However, if they are on standard probation, the judge will consider many factors before deciding on bond privileges and amounts.
Probation Violation Bond Considerations
In standard probation violation cases, the judge is typically not required to set a bond. However, in most cases, they do with consideration to points like the nature of the crime, prior record, and community involvement. An active member of the community with a nonviolent crime and no previous record will likely receive a standard bond. However, a person with an extensive record and violent crime is less likely to be released on bond. Bond may not be granted if the person in question has had contact with the victim of said crime or is likely to commit another crime. Employment also has great weight in bond consideration in probation violation cases. A defendant with a job is much more likely to receive an affordable bond.
Additional Charges and Extenuating Circumstances
Many times, a probation violation is accompanied by additional charges. Unfortunately, once a party is on probation, when they are convicted of a crime, the burden of proof goes from “guilty beyond a reasonable doubt” to “preponderance of the evidence”. This can turn into a difficult situation for defendants and can add cost, the severity of punishment, and more. Common charges like theft, battery, and DUI often accompany probation violation charges and will cause the bond amount to increase as well as decreasing the chances of a bond being set.
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