Is it possible to bond out of jail for a probation violaton?

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Is it possible to bond out of jail for a probation violaton?

Recently a friend of mine failed a drug test and it violated her probation. Can she bond out of jail? Her original charge was a felony.

Asked on June 4, 2012 under Criminal Law, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

No you cannot get a bond on a violation of probation.  You must go in front of the Judge that sentenced you originally to address the violation.  Your friend's best bet is to hire an attorney who can somewhat speed up the process by obtaining a hearing date.  Depending on what the original charges were and whether she has violated her probation previously, most times if it is a first violation, the Judge when you get in front of him/her will revoke and reinstate the probation. 

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Typically not. This will all depend on the type of warrant that was issued. Typically, once a person has been placed on probation, and they violate that probation, a bench warrant is issued. A bench warrant is where that person can be arrested immediately and no bond is attached because that person has to be brought before the sentencing judge to address the probation violation. Thus, she can not bond out of jail because there is no "bond amount" on a bench warrant. If the person has been jailed already, and is not under sentence, and a bond amount is in place, then yes, she can bond out.


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