Although every probation order is unique, most include the condition that the defendant follow certain standard conditions of probation. Standard conditions are those that apply to all defendants, such as:
· Maintaining employment or enrollment in school
· Reporting to a probation officer as directed
· Not using illegal drugs or alcohol
· Payment of all fines and costs
· Not committing any new offenses
A defendant may also be ordered to abide by special conditions of probation. These are conditions that apply to the defendant or the case specifically, such as:
· Obeying a no contact order
· Attending anger management classes
· Completing a drug and alcohol evaluation
If you violate any of the conditions of your probation a notice of violation is sent to the sentencing court. The judge then decides whether or not to issue a warrant and proceed with the allegations. Once that occurs, law enforcement officers will arrest the defendant and return him/her to custody. Unlike an initial arrest warrant that issues at the beginning of a case, the arrest warrant will not include a pre-determined bail amount. The judge does, however, have the authority to grant bail if convinced it is safe to do so. As a general rule, the more serious the underlying crime was, and the more serious the current violation is, the less likely a judge will be to grant bail on a probation violation. One of the primary considerations when deciding the issue of bail is how likely the defendant is to return to court for all court appearances. If a defendant is facing the very real possibility of being ordered to serve a lengthy period in prison he/she may be less inclined to voluntarily return to court. Consequently, a judge may be less inclined to grant bail or, if bail is set, set bail relatively high.
If you have been notified that a probation violation will be filed against you, or you fear one is likely forthcoming, the best chance you have of getting a reasonable bail amount sett is to work closely with an experienced Nebraska criminal defense attorney. Contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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