For most minor, and some major, criminal offenses probation is a sentencing option that can be used in lieu of, or in addition to, other sentencing options such as incarceration. If you were convicted of a criminal offense in Nebraska and ordered to serve a period of time on probation you were also ordered to abide by the standard and special conditions of that probation. A violation of any of the terms of your probation, as you likely know, will most likely result in a return to jail. If you have already been accused of violating your probation, the most important question you likely have at this point is “Can I get a bond on a felony violation of probation?”
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.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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