It is, unfortunately, fairly common for people out on probation to be arrested for another offense. This raises a question bail bond agents hear all the time: "Can I post bail if I violate my probation?" As is the case with most things related to the law, the answer is "It depends on the circumstances."
If you violate the terms of your probation by committing a crime in Colorado you set in motion a series of procedures. Exactly which ones depends on the type of offense you are accused of and the type you were on probation for.
If both the new and original offenses are/were minor the probation officer will send an affidavit to the judge involved. It will be up to the judge to determine if a violation has taken place. If they agree that it has, they'll issue an arrest warrant.
If, however, your original offense was a felony it will be incumbent upon your probation officer to file a DOC violations report. The violations report is a sworn statement detailing the nature of your violation. This may lead to your arrest at home or at work. You may also be given the opportunity to turn yourself in.
Once back in custody, most people will be held until a Violation of Probation hearing is set to review the situation, including the nature of the alleged new offense. Now comes the tricky part as far as bail is concerned.
If a person on probation is accused of committing another offense and has been taken into custody whether or not they will remain in custody while the process to determine their status unfolds will be up to the judge handling the case. He or she may decide that it’s better to hold the accused on a "no bond" status until the violation hearing. Or they can decide to allow them to contact a bail bond company and be released on bail until the hearing regarding the alleged violation.
Make no mistake, in most cases, judges do not take kindly to probation violations and will be predisposed to denying the accused access to affordable bail bonds. That is, they will order the accused held on "no bond" status until their hearing.
However, there may be circumstances when a judge determines the nature of an alleged violation does not warrant holding the suspect. They will then set a bond amount and allow the accused to contact a bonding company in Golden or Lakewood or wherever. This is most likely to occur if the alleged violation is of a technical nature rather than a substantive nature (criminal charges).
On the other hand, some judges see any violation of an offender’s probation as constituting contempt of the legal process and will not allow a defendant to access bail regardless of whether the alleged violation is technical or not.
Because aspects of the legal process regarding probation violations are subjective it is important that the accused secures quality legal representation. An experienced lawyer who is familiar to and respected by the court may well be able to secure release on bail while awaiting the violation hearing while a public defender or someone defending themselves may not.
When deciding whether to issue a "No Bond" warrant the judge in the case will consider a variety of factors, including:
The nature of the original offense: If the defendant was on probation for a violent crime it is likely the judge will order them held without bail while awaiting the Probation Violation Hearing.
Whether this is the defendant’s first probation violation: If this is the first time the defendant has ever been accused of a probation violation the judge may be lenient and allow bail.
The type of alleged new violation: Regardless of the original crime that resulted in probation if the new charges are of a serious nature the judge will likely deny bail.
The person’s character: If the defendant has family depending on them, is not a serial offender and poses little if any flight risk due to deep roots in the community, the judge may well allow them to contact a cash bail agent.
If the judge in a particular case decides it’s best to hold a defendant without bond, that defendant will remain in custody until their Probation Violation Hearing is completed. Following the hearing one of three things will happen:
We cannot emphasize enough how important it is to have quality legal representation on your side any time you appear before a judge or magistrate. In the case of alleged probation violations, a good lawyer can make the difference between you languishing in jail and being allowed to return home while you await your Probation Violation Hearing.
Get in Touch With Tayler Made
If you have been allowed to pursue bail while you await a Probation Violation Hearing, get in touch with the team at Tayler Made. Over the years we have helped countless individuals maintain their freedom while awaiting court appearances and there's a good chance we can do the same for you or your loved one. Call us today at (303) 623-0399.