Should you violate probation, the judge may issue a warrant for your arrest. Additionally, there might not be a bond to the warrant. This is known as a no bond. This means you will have to hire a criminal defense attorney and ask the judge to set a bond for you. The bond set will normally be double the original bond.
If you should violate your probation, even if it is for the first time, your custody officer can file a report which will alert the courthouse to issue a new warrant for your arrest. It is possible for this to happen for misdeneabours as well as felonies.
It is dependent upon how serious the breach is.
What is going to happen when you violate probation depends heavily on the kind of violation you have committed and moreover the original offense you have been released on probation for.
A Judge has the ability to revoke your probation even if it a first time you have violated probation. They could then send you to jail to serve your initial sentence. This is true whether you’re on felony or misdemeanor probation.
If it’s your first misdemeanor probation violation and it’s not a very serious breach, the judge can extend your probation or modify the conditions to tackle the sort of violation.
If it isthe first time you have violated probation terms, it can, but generally doesn’t wind up in a lengthy prison sentence. Typically, the judge will probably warn you of the consequences of what is going to happen if there is another breach. He may also alter the conditions of your probation or increase the amount of the period of your probation. Your attorney can be quite helpful in this circumstance.
For an initial time violate probation in a felony offense it could be more serious. The judge can revoke your probation for a first time violation. But as with misdemeanors the punishment is determined by the seriousness of the violation.
Sentencing for a breach for a felony or misdemeanor is always the judges decision. Some judges are extremely strict and some not so much.
Should you violate probation with a relatively minor breach, you won’t typically be sentenced to jail.
Probation offenses like getting behind on community service hours or getting behind on fees and court costs won’t usually cause a prison sentence unless it gets out of control.
Should you violate probation by not reporting to your probation officer if it’s a first time violation, then you may wind up in jail. Few judges will endure this under any conditions.
The main thing to remember is that judges have great discretion in sentencing you to jail f you violate custody for the first time for either a felony or a misdemeanor probation.
Finally, you have a right to challenge your revocation by requesting a hearing. In the hearing, the state must provide evidence that you actually did violate probation. Without such evidence, the judge can’t revoke your probation.