Can you get bail for violation of probation? Yes! However, it’s extremely hard to get released from jail on bail if you have a pending accusation of probation violation.
In order to get bail you’ll need to prove to the court why you should be released on bail. This is unlike bail proceedings before conviction whereby the prosecution is burdened with proving to the court the inappropriateness of personal recognizance bail.
How To Get A Probation Bond
For the judge to release you on post-conviction bail you have to prove to the court probable cause to believe that:
a. There lacks substantial risk that the defendant will not appear in court as expected and will not otherwise be a risk to the judicial process integrity.
b. There lacks substantial risk that the defendant is a danger to the community or another.
c. There lacks substantial risk of a new criminal act being conducted by the defendant.
Proving Probable Cause to the Court
To obtain a probation bond, the defendant has to show the court that there is “probable cause” to believe specific conditions are met. These conditions generally include:
a. Minimal Risk to Judicial Process Integrity
You must establish that there is little to no risk of you failing to appear in court or otherwise compromising the integrity of the judicial process. This often involves demonstrating a history of consistent court appearances, as well as a lack of any previous contempt of court or evidence tampering charges.
b. Low Danger to the Community
You also need to prove that releasing you back into the community will not pose a significant risk to public safety. This could involve showing evidence of a stable home environment, employment, and even character references who can vouch for your good behavior and community ties.
c. Unlikelihood of Committing New Crimes
The court needs to be convinced that you are not likely to engage in further criminal activity while on bail. Evidence that supports this could include a lack of previous criminal history or the non-violent nature of the original conviction.
Factors Considered by the Justice or Judge
In deciding whether to issue you bail, the justice or judge shall put into consideration factors that are relevant to pre-conviction bail listed under the law. Other factors that the judge or justice will consider are facts proved at trial, a defendant’s previous failure to obey a judgment of any court, and the period of imprisonment imposed.
The justice or judge may impose in addition to a bail bond or an appearance, any factor seen reasonably necessary to mitigate the risk that the defendant may compromise the judicial process integrity, may fail to appear in court as required, may fail to meet the conditions of release, may commit new criminal act, or may constitute danger to the community or another person.
Probation Violation Bond Amount
In order to set bail and the amount, the justice or judge, on the basis of the defendant’s interview, information provided by the attorney of state, or if the attorney is not present an informed law enforcement officer, information provided by the attorney of the defendant and other obtainable information that is reliable, take into account the available information regarding the following:
a. The circumstances and nature of the criminal charges.
b. The nature of the evidence presented against the defendant.
c. The characteristics and history of the defendant. This includes but is not limited to:
i) The mental state and character of the defendant
ii) The family ties of the defendant in the state
iii) The employment history of the defendant in the state.
iv) The financial resources of the defendant
v) The community ties and length of residence of the defendant
vi) The past conduct inclusive of any history of alcohol or drug abuse of the defendant
vii) The criminal history of the defendant if any
viii) The record of the defendant regarding court proceedings’ appearance.
The judge will consider all of the above before granting you bail. Learn more about what you can expect in terms of costs here.
For more information on probation violation and the bail bond process, call the Connecticut Bail Bond Group today.
