Can you Bond out of Jail on a Probation Violation?

May 21, 2020 Probation Violation

tallahassee probation violation

Can I bound out of Jail for a VOP?

Florida Probation Services manages the supervision of offenders throughout the state of Florida. The most popular types of supervision are: regular probation, administrative probation, drug offender probation, sex offender probation, and community control. Often this requires monitoring of specific conditions of release, sometimes by statute, and sometimes at the behest of the sentencing court. These include requirements such as payment of restitution, mental health treatment, substance abuse treatment, and compliance with protection orders. Unfortunately with a such a substantial list of mandatory and optional requirements placed on probationers, allegations of violations do occur.

Technical Violations vs. Substantive Violations

There are two classifications of supervision violations, technical and substantive.  Technical violations are defined by Florida Statutes § 948.06 as:

  • A positive drug or alcohol test result.
  • Failure to report to the probation office.
  • Failure to report a change in address or other required information.
  • Failure to attend a required class, treatment or counseling session, or meeting.
  • Failure to submit to a drug or alcohol test.
  • A violation of curfew.
  • Failure to meet a monthly quota on any required probation condition, including, but not limited to, making restitution payments, paying court costs, or completing community service hours.
  • Leaving the county without permission.
  • Failure to report a change in employment.
  • Associating with a person engaged in criminal activity.
  • 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.

Any other violation is likely to be considered a substantive violation. These requirements are going to vary widely based on offense and individual requirements as dictated by the sentencing judge. Common violations which are substantive are:

  • New law violation.
  • Violation of protection order associated with case
  • Complete or substantial non-compliance with requirements (a mixture of the above technical elements). This is common when a person never shows up for probation, refuses to participate in monitored sobriety or constantly violates a technical requirement.

If you are on probation and have any concern you may violate, please speak to an experienced Tallahassee criminal defense attorney who can assist you in navigating your sentence.

Bonding Out of Jail after Violating Probation

Generally, there are two ways to get arrested on a probation violation. The first is the most common, probation applies for a warrant (or the court does so at it’s own motion) and the probationer is later arrested on said warrant under Florida Statutes § 948.06(1)(a). Second, a law enforcement officer or probation officer who is aware of a probation status and a violation may arrest that individual under Florida Statutes § 948.06(1)(b). In either occurrence the individual arrested is entitled to a hearing regarding release. Until that hearing, Florida probation warrants near-universally have what is called a “no-bond” hold, the probationer will not be able to post bond until a bond hearing occurs and bond is set. A judge in such a hearing has three regularly exercised options: release the offender to return to court regarding the allegations without bail, place a bail hold on the individual requiring a posting of said bond with the promise to return, or order the probationer to be transported to the court that originally sentenced the probation. Two more options exist for: capital cases (death penalty eligible, can be held without bond), or cases where the individual is a danger to the community due to mental health issues (committal), but are rarely used. There are many considerations regarding bond at a hearing, largely mirroring the standard for pretrial bond considerations under Florida Statutes § 907.041. The elements courts often consider include, but are not limited to:

  • Danger to the community.
  • History of release violations.
  • History of failing to appear.
  • Nature of the offense(s) (violence, felony vs. misdemeanor, minor victim, ect.).
  • Ties to the community (family, financial resources, mental stability, length of residence).
  • Added for probation violations: likelihood of a prison sentence if a person is found to be in violation and nature of the violation (technical vs. substantive).

Violation of Probation Attorney Near Me

The specifics of whether or not bond is going to be issues in a probation violation case vary widely from person to person and case to case. If you are accused of violating probation, seek a criminal defense attorney who can protect your rights. Don Pumphrey and the firm have years of experience representing individuals in post-conviction matters and allegations of release violations.  They are dedicated to defending the rights of clients and will fight for the best possible disposition or dismissal of your case. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with an attorney in our legal team.

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