Can You Bail Out of Jail On a Probation Violation?

A Picture of Hands Holding Onto Jail Bars.

Probation Violation Bail

For those who are on probation, one of the most frequently asked questions is, “Can you go to jail for a probation violation?” and the answer is yes. If you or a loved one have violated your probation, then your probation officer can send an affidavit to the judge. The judge will read over the affidavit and determine if your probation is violated. If they agree with the affidavit, they will sign a warrant for your arrest. After the warrant has been issued, police officers will either arrest you at your home or you have the chance to turn yourself in for violating your probation. When it comes to posting bail for a probation violation, it will depend on if you have regular probation or deferred adjudication probation. When it comes to regular probation, it is at the judge’s discretion whether they set bail. If you have deferred adjudication probation then the judge has to set bail, but they can set it very high so that its too expensive to afford. In those situations, you will need the help of a bail bond agent.

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

The amount of time you spend in jail in regards to a probation violation is determined by how your probation was violated. If you fail to follow a rule of your probation (a technical violation) then jail time can be two years of your probation term. Not only are there rules you need to follow for probation, but there are also special conditions. If a special condition is violated, then you can serve the rest of your probation in jail. Not only can violating rules and special conditions of your probation land you in jail, but so can new offenses. If you commit a misdemeanor while you are on probation, you will have two years revoked and you will spend those two years in jail. In regards to a felony, you will have to serve the rest of your probation in jail.

What Constitutes Probation Violation

In the state of Georgia, it is important to be aware of what is considered a violation of your probation. There are three categories when it comes to violating probation in Georgia–these three are technical condition violation, which is when you violate the technical conditions of your probation, special condition violation, which is when you violate the special conditions of your probation, and substantive violation, which is when you commit a new crime while on probation. Some examples of probation violations are

  • Missing Court Appearances: Part of probation involves going to court on assigned dates; if any court dates are missed then that’s a probation violation.
  • Missing Appointments: You have to meet with your probation officer regularly, so if you fail to show up to a meeting then you have violated your probation.
  • Not Paying Fines: Sometimes you are required to pay fines when you are on probation, so that is also a violation if you decide not to pay these fines.
  • Not Having a Job: Failure to get a job or hold a job is going to be a violation of probation.
  • Visiting Prohibited Places and People: If you associate with people or go to places that go against your probation, then it’s considered a violation.

A lot of people ask is probation violation a misdemeanor, and the answer is no. Probation is a type of contract you have with the court that says you won’t commit any new crimes or violate your probation. If you commit a misdemeanor while on probation, two years of your probation will be revoked and you serve two years in jail.

Probation Violation Vs Parole Violation

Many people believe that probation and parole violations are the same thing, but they are completely different types of alternatives to jail or prison. Probation is when the judge doesn’t send you to jail or prison but gives you the opportunity to rehabilitate yourself by following rules and conditions. Parole is when someone gets out of prison and have to follow certain rules and conditions.

What Happens When You Violate Probation for the Second Time?

If you have violated your probation for the second time, there are a couple of things that can happen. The judge or court can add more time to your probation, they can send you to jail or prison immediately, or they can add more time to your probation. All of those things can prove to be bad, so it’s important to follow all rules and special conditions of your probation.

Can a Probation Violation Be Dismissed?

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Do Probation Violation Warrants Expire?

When it comes to probation violations being dismissed or having warrants expire for probation violations, it is not going to happen. When you have a warrant for your arrest due to a probation violation, the judge and police are not going to drop it. The same goes for having a probation violation dismissed. If they get rid probation, that just means you either have to go to jail or prison. If you need bail for a probation violation in Jefferson, GA, call Double “O” Bonding today! Our bail bond services will be able to get you out of jail fast so you can prepare for your upcoming court date. Just call our office at 706-353-6467 to speak with a bail bondsman.