How Long Do You Go to Jail for a Probation Violation?

If You Face a Probation Violation, You May or May Not Go to Jail

How Long Do You Go to Jail for a Probation Violation?

To begin with, it’s important to know how a probation violation happens. First, the defendant is arrested. Next, there are the first appearances in court and the subsequent bond. Then, there has to be a violation of the probation hearing. Afterward, the sentencing will occur. In order to be found guilty, the defendant’s violation must be determined as willful and substantial. If you are given a new probation sentence for your probation violation, you will be given credit for any previous time that you successfully spent in jail or prison. That said, the probation sentence and the jail sentence do not overlap. Thus it will be up to the judge what the length of time is for the probation violation.

Can a Probation Violation Be Dismissed?

If the probation violation is deemed insignificant enough to be a willful and substantial violation, there is a chance that your lawyer can get it dismissed. It is the duty of your lawyer to argue on your behalf and present your side of the case. If the judge determines that the probation violation was meaningful, then the violation will not be dismissed.

What Happens at a Probation Violation Hearing?

Probation violation bail is a serious topic. After all, defendants do not want to return to jail and there can be serious consequences. Please browse through the following items on the agenda for a probation violation hearing. To begin with, the judge must determine whether or not the probation violation was serious enough to merit punishment. This involves a two-step process:

  1. The judge must consider if there is a cause to revoke the probation. If the judge finds that there is enough evidence to support a probation violation, the judge may issue an arrest warrant. 
  2. If a probation violation has been confirmed, a formal probation revocation hearing is in order. Due process needs to be considered. The judge has the jurisdiction to reinstate probation on new conditions. Or the judge can remand the probationer to the county jail for a misdemeanor case. The judge can also sentence the defendant to additional time.

What are Two Types of Probation Violations?

Two types of probation violations include informal probation and supervised probation. Informal probation is also known as court probation or unsupervised probation. This kind of probation is typically issued for low-risk offenders. The second type is supervised probation. This type of probation is also known as formal probation. For supervised probation, there are stricter requirements, including mandatory counseling appointments, random drug or alcohol checks, and restitution payments to victims of the defendant’s crimes. If you require a felony charges bonds, it’s important for you to seek out a bail bond authority that will work with you to provide resolution. 

Do You Go Straight to Jail if You Violate Probation?

If you have been convicted of a crime and have been placed on probation, you, like many others, have found probation to be difficult, you may violate the terms. If you have been convicted of a crime and violated the terms of your probation, you will have a trial. During the trial, the state prosecutor will file a motion to revoke the probation and distinguish the alleged violations for the judge. The prosecutor will ask the judge to put the defendant in jail. The defendant’s lawyer will make a case for the defendant. After the judge deliberates over the issue, and if no violation has occurred, the defendant will remain on probation. If a violation has occurred, the judge will decide if they go to jail. During this process, the defendant will receive due process, and will not be immediately put in jail.

Are Traffic Tickets a Probation Violation?

In truth, it depends. If a traffic citation violates the terms of probation or parole, it may be considered a probation violation. Most probation and parole orders prohibit violating any law, including traffic laws. However, police do not usually report a basic traffic citation to the probation officer unless the infraction is particularly severe.

Probation Violation No Bond

Probation violation cases are a serious matter that can severely impact your lifestyle. Failure to check-in with your probation officer, and not following through with the conditions of your probation can easily land you back in court. Whether or not a judge will set a bond for a probation violation greatly depends on the severity of the original crime, the length of the probation, the type of probation, and whether or not you have a criminal record. If all of these factors skew heavily in a negative direction, a judge could deny a bond or set one so high that the defendant cannot possibly afford it.

What Does Felony Probation Violation Mean

A felony is an offense that brings with it a potential term of incarceration in excess of a year. Felonies are serious crimes that impact your freedom, rights, and privileges. It is important to know that felony probation is a contract between the probationer and the court. A substantial violation or repeated violation could definitively result in very sincere consequences. When a defendant violates their probation in a substantial way, they can be charged with a felony probation violation.

Man in Handcuffs after Parole Violation

Probation Violation Battery

The crime of felony battery is defined as intentionally harming another person against their will and subsequently inflicting bodily harm. When a person violates their probation with associated battery charges, the terms of the probation will be subject to review.

Your bail bonds should be handled with experience and precision. Our staff at Indiana Bail Bonds are ready to assist. Please call us at 317-423-9300. Discover more about how we can help you with your probation violation in Avon and Indianapolis, IN!