Do You Automatically Go to Jail for Violating Probation?

A Probation Violation Hearing.

Do you automatically go to jail for violating probation?

If you’ve committed a probation violation, you might spend some time in jail just after your arrest. This often depends on the circumstances. With a first-time violation, depending upon how serious it is, you might just get a warning, whereas second or subsequent violations could land you back in jail or result in your probation being extended.

When jailed on a violation of probation, you are not entitled to bond. So, it’s up to the judge to grant a bond so you can get out of jail. This will be determined at a bond hearing. As with other bond cases, the judge will weigh the situation and evidence to determine if you receive bond or not. If you’ve completed most of your terms of probation, the judge might determine this is only a technical violation and set bond. If no bond is set you’ll remain in jail until your probation violation hearing. When bond has been set and you need help with probation violation bail in Halifax, VA, Danville, VA, and Chatham, VA, all you need to do is call 434-237-2245.

How long can you be held on a probation violation?

How long you are held in jail on a probation violation will depend solely on whether or not you are granted a bond. If you are granted a bond, you might only be in jail for a few hours. If no bond is granted, it’s likely you’ll stay in jail until your hearing. Continued violation of probation could result in revocation of probation. In this case, you’ll have to serve the remainder of your sentence in prison.

What are the two types of probation violations?

While you can violate probation in various ways, the violations will fall under two categories:

  • Technical violations: This means you failed to follow the rules or terms set down as conditions of your probation. For instance, if you were given a curfew of 11 p.m. you would be in technical violation of probation if you stayed out until midnight and were caught doing so without good reason.
  • Substantive violations: This occurs when you commit a new crime while on probation. It’s not just a breach of a condition, but a separate act. For instance, if you are on probation for a drug possession conviction but are caught robbing a convenience store while out on probation, this is a substantive violation. You’ll be tried separately for that offense.

Is probation violation a felony?

In Virginia, a probation violation is considered a criminal offense, however, it is not classified as a felony or misdemeanor offense, as are other crimes. This violation is treated quite differently than other offenses. You aren’t entitled to a bond, for instance, if you are jailed. Instead, the court decides whether to grant a bond for your release. If you’re not granted bond, you’ll be jailed until your hearing. At the hearing, your probation could be revoked and you’ll serve out your original sentence. This hearing is not heard by a jury and all decisions about your case are made by the court.

How do you not go to jail for probation violation?

Staying out of jail after a probation violation is tough. If this is a first-time violation you might get lucky and your probation officer or a judge might let you off with a warning. You might stay out of jail for second or subsequent violations, but new conditions might be added or your probationary period might be extended. This will all be up to the court to decide. Of course, the best way to avoid jail time while on probation is to follow all terms and conditions until the probationary period has ended.

Can you appeal probation violation sentence?

If you’ve been convicted of a probation violation you can appeal the conviction. The appeal goes to the next highest court and that court determines if the lower court was in error or there wasn’t sufficient evidence to convict. If the appeal goes through, the violation will be dismissed.

Does probation violation go on your record?

If you are convicted of a probation violation, it will go on your record.

Do probation violation warrants expire?

If a warrant for your arrest goes out for a probation violation, that warrant will not expire. No arrest warrants expire and you can be subject to arrest at any time.

A Person in Jail.

Can you bail out of jail on a probation violation?

When you’re jailed for a probation violation in Halifax, VA, Danville, VA, and Chatham, VA, you are not entitled to a bond. Whether or not you get a bond amount set is wholly up to the court to decide. If a bail amount is set by the judge and you need help bonding out, you can get help quickly by calling A-1 Affordable Bail Bonds at 434-237-2245.