Probation rules are always quite strict—even well-meaning people on probation can slip up and commit a violation. It might be something as simple as missing your curfew, or it could involve you deciding to get high, and getting caught by your probation officer.
So what happens after you violate the terms of your probation? How will this affect your legal situation moving forward? What can a bail bonds agent in Angleton do for you?
First and foremost, if you either confess a violation of your probation to your probation officer or if your probation officer suspects you committed a violation, he or she will immediately notify the judge overseeing your case. Then, the probation officer will either prepare a “Motion to Revoke Probation” if you are on regular probation, or a “Motion to Adjudicate” if you are subject to deferred adjudication, which is signed by the state prosecutor.
In either situation, this paperwork’s purpose is to ask the court to strip your probation and put you in jail, as you violated the terms and conditions of your probation. The paperwork will outline the nature of your infraction in detail. You have the right to challenge these allegations at a court hearing in front of a judge.
After this paperwork is filed, the judge will issue a warrant for your arrest. Upon appearing in court, you will discuss what happens next in your case. The prosecutor and your attorney will attempt to reach an agreement about the best way to proceed in the wake of your violation. If they cannot reach an agreement, your fate is left up to the judge.
You will be forced to wait for your court date in jail, unless you are able to post bond. Here, there can be some additional complications.
How bail bonds work in probation violation cases
Bonds work in different ways depending on whether you were put through regular probation or deferred adjudication.
In regular probation, for example, the law does not give you the right to bond, but judges will typically set one anyway, unless they have a specific reason for not wanting you out of jail. Keep in mind that the value of your bond could still be very high as a way for the judge to make it extremely difficult for you to get out of jail. Paying a bondsman can help with the cost, but it will still, by no means, be cheap.
In addition, in the case of a probation violation, there are much lower burdens of proof that the state needs to reach. Instead of proving your guilt “beyond reasonable doubt,” the state simply needs to demonstrate that it was “more likely than not” that you committed a probation violation. This, too, can have an impact on your ability to post bond.
For more information about how a probation violation could affect your ability to secure and post bond, contact a trusted bail bonds agent in Angleton at Brazoria County Bail Bonds. We look forward to assisting you!