Can you bond out on a Probation Violation?


Sean O’Halloran

There are several ways you may be able to get a bond set in a probation violation case.  It depends on why your probation was violated, the type of crime you were originally placed on probation for and how it is presented to the Court.  If you think you have a probation violation coming, you need to talk to an attorney immediately.  If it is what is known as a technical violation like changing your address, not paying restitution or Court costs, not paying your Probation fees or a dirty urine, your attorney may be able to negotiate with the probation department and get a recommendation of bond.  The attorney can also contact the prosecutor and in some instances work out a stipulation for bond.  If the probation violation is for a new crime, the only way you may get a bond is to file for a bond reduction with the Court.  This requires the filing of a motion and the setting of a hearing.  It is a lot easier to deal with these issues before you are picked up.

The other advantage of hiring an attorney before you are arrestedon the probation violation warrant is your attorney may be able to work out a reinstatement of probation and get your case resolved at first appearance.  If you have the public defender, chances are nothing will be done by your public defender until after you are arrested.

If you are on probation for certain offenses, you may not get released on bond until the Court has a “Danger Hearing” where your attorney has to establish that you do not constitute a threat to the safety of the public.  If you get arrested in Lee, Charlotte or Sarasota County we may be able to resolve your probation violation.  If you do not do something, you may sit in jail for six weeks or so waiting for you final probation violation hearing.  If you get picked up in Ft. Myers, Sean O’Halloran, as a former prosecutor may be able to get a bond set for you.  If you are arrested on the violation in Sarasota call Peter Aiken.  Our office in Sarasota is just steps away from the downtown Probation officeIn Lee County, call 239 334 8890.    In Sarasota County, call 941 366 3506