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What to expect if you have a probation violation

Probation gives offenders an alternative to jail. It also serves as a second chance for people convicted of crimes and allows the justice system to monitor convicted offenders for good behavior while out of jail. It allows those convicted of a crime to avoid prison time as long as offenders follow court-ordered conditions. These conditions – the terms of probation – vary from person to person and depend on the crimes committed, but may include alcohol and drug testing, community service, and court-ordered counseling.

A probation violation is when someone on probation doesn’t keep up with the terms of their probation, and there are consequences when a person does this. While a person who violates probation may get off with a warning or a fine, it is possible to go back to jail. Going back to jail starts a violation of probation case, and in violation of probation cases, there is no entitlement to bond. That means that when you go back to jail for violation of probation you may not be able to get out of jail by posting bail. In fact, if you are arrested for violating probation you are less likely to be able to get out of jail on bail than if you get arrested for something else. Judges are less likely to grant bail for violation of probation because the burden of proof is different. When a defendant is first accused of a crime the burden of proof is on the prosecution to prove to the court why bail is inappropriate. After someone has been convicted of a crime and sentenced to probation, and then that person fails to comply with their probation, then the burden of proof is on that person to prove why they should be allowed out on bail. Therefore, you should not expect to be allowed out on bail if you are arrested for violating your probation.

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