If you are convicted of a criminal offense in the State of Nebraska you could be sentenced to a term of probation in lieu of, or in addition to, a period of incarceration as part of your sentence. While on probation you must abide by a number of standard and special conditions of probation. Failing to abide by these conditions could lead to a probation violation. That, in turn, will likely lead to your arrest and return to custody. If you find yourself in that situation your first question will likely be “Can I bond out on a probation violation?”
The simple answer to that question is that you may be able to pay a bond and be released pending a probation violation; however, there are no guarantees. Probation is an alternative form of sentencing and is used when a judge believes that sending the offender to jail or prison may not be necessary. What many people do not realize though is that you are actually sentenced to a term of incarceration when you receive probation in most cases. That period of incarceration, however, is suspended and you are allowed to serve the time on probation instead. You could be ordered to serve that suspended time though if you violate your probation.
While on probation you must comply with standard and special terms, such as:
· Reporting to a probation official
· Not being arrested for a new offense
· Paying fines and costs
· Refraining from the use of drugs and alcohol
· Attending substance abuse classes
· Completing community work service
Committing a new crime is one of the most common reasons for a violation of probation to be filed; however, failing to comply with any of the terms of your probation could lead to a violation being filed with the original sentencing court. If that occurs, it is up the judge whether or not to order a bond to be set, and if so what the amount of the bond will be. Some factors that will likely be considered when the issue of bond is being considered include:
· The severity of the violation. For instance, being accused of a new, serious offense will make a judge less inclined to allow you to bond out again.
· History of violations. If this is your first violation you are more likely to be allowed to bond out than if you have violated your probation in the past.
· Typical bond considerations. Anytime bond is considered a judge will take into account the likelihood that you will return for all court appearances, the severity of the offense, and the risk to the community if you are released.
If you have been notified that a probation violation has been filed, or is likely to be filed, in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your situation 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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