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Can You Get Out On Bond With A Probation Violation?

Can You Get Out On Bond With A Probation Violation?

Even if you can get out on bond after a probation violation depends on the type of violation, the seriousness of the offense, and the judge’s decision. In Kansas and most other states, a bond for a probation violation is not guaranteed. When someone violates probation, the court can issue a warrant and hold them in custody until a revocation hearing. Still, in many cases, a judge can set or allow bond if the violation is not severe or if the defendant has a good record of compliance before the incident.

When Can You Get A Bond

  • Minor or technical violations – If the violation is something like missing an appointment, failing to pay fines, or testing positive for alcohol or drugs once, the judge may allow bond while waiting for a hearing.
  • First-time violation – If you’ve been compliant up to this point and have no prior violations, your attorney can request a bond to let you remain free until the court hearing.
  • Low-risk defendants – If the probation officer and prosecutor believe you are not a flight risk or a danger to others, the court is more likely to set a bond.

When Bond Is Usually Denied

  • New criminal charges – If you committed a new offense while on probation, especially a felony or violent crime, judges typically deny bond and order you held until your hearing.
  • Repeated or serious violations – Multiple failed drug tests, missing several check-ins, or absconding from supervision are viewed as serious and often result in no bond.
  • Probation violation warrants – Some probation warrants specify “no bond,” meaning you must stay in jail until you appear before a judge.
  • High-risk offenders – People considered a public safety risk or with a long criminal history are less likely to be released.

How To Request Bond After Arrest

  • Your attorney can file a bond motion asking the court to set or reduce your bond amount.
  • The judge will review the details of your violation, your probation record, and input from your probation officer.
  • In some cases, the court might allow conditional release with new terms, such as electronic monitoring, curfew, or substance testing.
  • If the judge denies bond, you remain in custody until your probation revocation hearing, which is usually scheduled within a few weeks.

Probation Revocation Hearing

  • At this hearing, the judge determines if the violation occurred and what the consequence should be.
  • Possible outcomes include reinstating probation, modifying conditions, or revoking probation and sending you to jail or prison.
  • Having an attorney present can make a major difference in negotiating continued probation or release options.

You can sometimes get out on bond after a probation violation, but it depends on the violation’s severity, your criminal history, and the judge’s discretion. Minor or first-time violations often qualify for bond, while serious or repeated ones do not. An attorney can help you request a bond hearing and argue for conditional release until your revocation hearing.

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