Can you bail out of jail on a probation violation?

Being Charged With Probation Violation

Probation violation, or VOP (Violation of Probation), is a criminal offense in the State of Virginia. If you are on probation and you are charged with a VOP, what can you expect to happen next? Some probation violation examples would be any of the following: 

1. Non-appearance for mandated court appointments
2. Not reporting to probation officer
3. Not paying court-ordered fees, fines, or restitution
4. Not performing community service
5. Not completing court-ordered alcohol/drug counseling or treatment
6. Failing to maintain steady employment
7. Unapproved out-of-state travel
8. New arrest and criminal charges
9. Associating with certain people

What happens when you violate probation for the first time?

After a probation violation arrest, the defendant is taken to jail and will appear before the judge for arraignment. At that court appearance the judge will determine if a probation violation bond is allowed. 

The first probation violation may be met with only a warning from the probation officer. Any subsequent probation violations could be reported to the court at the probation officer’s discretion with a variety of consequences possible. 

Having a criminal background, the seriousness of the probation violation, and other probation violations will factor into the judge’s decision on how to handle the current situation. A hearing may be required by the judge where determination of what consequences are to be handed down. Among them are finishing the currently imposed probation with the addition of other conditions and terms, like extended community service or additional fines. Revoking probation is also possible, resulting in jail time.

What happens if you miss a court date while on probation?

The State of Virginia Law requires anyone to appear when summoned or by warrant, before a court if there is no supporting waiver document. Based on the original charge and its seriousness, missing a probation court date could become a felony. Any bond paid will be forfeited. 

A missed court date for felony charges will result in an arrest warrant where the defendant is jailed until their hearing. Additional charges can be added as a Class 6 felony charge. A penalty with a maximum of 5 years prison time with a fine up to $2500 may be imposed. 

Does a probation violation mean jail?

Not necessarily – there are several factors that are considered by the judge that will determine that outcome. While probation violation is a serious matter, the consequences could be requiring the defendant to travel only from home to work and work to home, as long as they maintain steady employment. 

How long can they hold you in jail for a probation violation?

This can depend on the court docket and how many cases are scheduled before yours.  A defendant can be held on a probation violation for up to 30 days or longer. Each city, county, and state will have different lead times on when court appearances are available. Having a criminal attorney with probation violation on your side could help speed this process. 

What happens at a probation violation hearing?

At your probation violation hearing, the prosecutor must show proof of the probation violation was intentional, by careless or negligence. A criminal defense attorney can help you create a support case that these charges aren’t accurate or to navigate a lesser penalty.