What happens after someone is arrested for violation of probation and denied bail until after their hearing? 46 Answers as of June 13, 2013

My son was arrested for violation of probation, 2nd offense, he was denied bail until his hearing. What happens next?

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Leonard A. Kaanta, P.C. | Leonard A. Kaanta
He will tried for contempt of court and bail maybe revoked.
Answer Applies to: Michigan
Replied: 8/29/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
The rule is that if you are on probation and there is a new arrest you will be held without bail for about 10 days and there will be a hearing to see if you failed to keep the peace and be of good behavior.
Answer Applies to: Rhode Island
Replied: 8/28/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends on what the underlying charges were, and what the violation of probation is for and on all the facts and circumstances including ?details of prior offenses and convictions. He should hire an attorney.
Answer Applies to: New York
Replied: 8/27/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If he had a hearing, the judge should have made a decision whether to revoke or reinstate the probation. He can deny bail until the hearing.
Answer Applies to: Kansas
Replied: 8/27/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The Court will set the revocation for a hearing to determine if he has violated the terms and conditions of his probation. If he has violated the probation he may be ordered to serve the suspended sentence in jail or prison.

He should be represented by counsel, or if he is indigent, the Court will appoint an attorney to represent him.
Answer Applies to: Alabama
Replied: 8/27/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    When you say, 2nd offense, I take it to mean the 2nd time he violated probation? Or do you mean he was on probation for 2nd offense of a crime?

    Either way, there is not enough information to determine what will happen to your son. Things such as what he was placed on probation for originally, what the terms of probation were, what he did to violate, etc are all important issues as well as what other charges does he have on his record and whether or not he ever violated probation for those outcomes. As you can see, there are so many variable you cannot predict what will happen.

    What your son should do is hire the best lawyer he can afford. That is a sure thing. He will only have one chance to get this right. Once the court establishes that he did violate probation, it is up to a judge to determine punishment, up to and including the full penalties available under the charges he was placed on probation for originally.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your son remains in custody until the court can conduct a hearing to determine whether probation was in fact violated. Only after the violation is proved does the court decide what disposition is appropriate.
    Answer Applies to: Minnesota
    Replied: 8/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Depending on what he is alleged to have done he will be sentenced to whatever he could have received at sentencing for the crime.
    Answer Applies to: Nebraska
    Replied: 8/27/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    On the next court date, the state will probably have a petition filed to violate probation. The state must prove to the court that probation was violated.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    He will remain in jail until after the hearing. Depending on what happens at the hearing, he could be granted bail or if he pleads guilty to the violations, he could be sentenced. If he pleads not guilty, it will be up to the court to determine whether he is granted bail or held in jail until a formal probation violation hearing.
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    A probation violation hearing will be held based upon the merits of the violation.
    Answer Applies to: New Hampshire
    Replied: 8/26/2012
    Shane Law Office
    Shane Law Office | Robert J. Shane
    There will be scheduled an admit or deny hearing. If your son enters a denial of the alleged violation of a condition of his probation the case will be scheduled for a revocation hearing. At the hearing he can present testimony and evidence as well as the the right to cross the states witnesses.
    Answer Applies to: Minnesota
    Replied: 8/26/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    He appears before the judge to either admit or deny the allegations. If he admits, then the judge can impose the original sentence or keep him on probation with or without additional terms and conditions. If he denies, a hearing will be required to present evidence regarding the allegations. If he wins, he is back on probation. If he loses, then the same thing happens as if he admitted the allegations, except that maybe the judge is not quite so sympathetic because he didn't admit in the first place.
    Answer Applies to: Utah
    Replied: 8/26/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    He will have a hearing to determine if he is in fact in violation of probation. If found in violation, the judge will sentencing him. Without knowing more, I can't give you any idea of how much time he is looking at.
    Answer Applies to: California
    Replied: 8/26/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    He'll go before the judge to EXPLAIN why he keeps violating his probation. He could go to JAIL and be fined. He NEEDS to retain an atorney!
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    A hearing called a "Show Cause" will be held. Your son will be ordered to show why he should not be held in contempt. If he loses, his probation can be replaced with a jail term or probation can be extended or modified. If you can get a lawyer for your son, you should do so. Otherwise, he may have a lawyer appointed to assist him.
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He stays in jail until they either reinstate his probation or yall work out a deal. Time to hire an attorney to do damage control.
    Answer Applies to: Texas
    Replied: 8/26/2012
    Law Office of Peacock & Le Beau | Jeffery O. Le Beau
    After bail is denied, which is not unusual in a felony case, the matter is set for a violation hearing. At the hearing your son would have an opportunity to present evidence that he is not in violation of his probation and to confront, scrutinize, the evidence presented against him. The judge will then decide if he is in violation and, if so, impose consequences he deems appropriate.
    Answer Applies to: California
    Replied: 8/26/2012
    Law Office of William L Spern | William Spern
    He remains in jail to serve out the remainder of the original sentence plus any enhancement for probation violation.
    Answer Applies to: Michigan
    Replied: 8/26/2012
    T.K. Byrne | Timothy K. Byrne
    He will have a revocation hearing before a circuit court judge in and for the county he was sentenced for his initial charge.
    Answer Applies to: Mississippi
    Replied: 8/26/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Uh Trial & it sounds like your Son is in big trouble.
    Answer Applies to: Virginia
    Replied: 8/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    He has a hearing and they decide if he violated probation and then decide what to do with him. They could discharge him, continue probation, give jail time or send to prison (if the crime is a felony).
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    They can continue to hold him without bail if it is a felony case, set bail (felony or misdemeanor), release him on his promise to appear (unlikely), resolve the issue (which could result in additional punishment or reinstatement on probation & release) or he can set it for a hearing to determine if he was in violation or not.
    Answer Applies to: California
    Replied: 8/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The may contest the allegation that they violated probation. At that point an evidentiary hearing may behalf. If the Judge fins that proaction was violated, the Judge may sentence the defendant to any part of the jaii time previously stayed.
    Answer Applies to: Minnesota
    Replied: 8/26/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    On revocation, you may or may not be granted bond. You should focus on wether or not he violated probation.
    Answer Applies to: Wyoming
    Replied: 8/26/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    He is held until the probation violation hearing, if he is found to have violated his probation the Judge will sentence according to probation recommendations up to whatever stayed time is left on his sentence.
    Answer Applies to: Minnesota
    Replied: 8/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Was he denied bail on a new charge or the violation of probation (VOP)? Probationers are typically denied bond on VOPs. Next he will have a hearing, where I recommend that he appear with his attorney. IF he is determined by the judge to have violated his probation, he will be staying in jail.
    Answer Applies to: Georgia
    Replied: 8/26/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Next the Judge will set bail pending the PV hearing. Given the low threshold to find a violation, it is pretty useless for him to bail out, but do consult an attorney.
    Answer Applies to: California
    Replied: 8/26/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    There is no bail for a parole violation, but the judge should have set some type of bail for a violation of probation. You should ask his lawyer what is likely to happen since you have not provided me with any details and I suspect that it may have been a parole violation. If you violate either parole or probation you will probably get the jail time that you would have received or a portion of that depending on the crime committed or the rule broken. If it is minor like smoking pot or missing curfew the judge may just give the defendant a warning or extend the period of probation.
    Answer Applies to: New York
    Replied: 8/26/2012
    William L. Welch, III Attorney | William L. Welch, III
    He remains incarcerated at least until his hearing and possibly until he finishes a sentence.
    Answer Applies to: Maryland
    Replied: 8/26/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    There will be a hearing to determine whether there is probable cause to believe he violated any condition of probation. He may be revoked and sent to do his time. His lawyer may have him stipulate. There may be an a motion to reinstate him to probation.
    Answer Applies to: Kansas
    Replied: 8/26/2012
    Lee Law Group | Ernest Lee
    He is on what is called a "probation violation hold', He in effect has violated his probation. At the hearing the judge will determine if his probation should be reinstated or if he should go to prison. He need to hire counsel to try to convince the judge, and the DA that he deserved another chance. You have a role to play here also by showing the young man is from a loving supportive family which he must be or you wouldn't be taking the time to ask questions online
    Answer Applies to: California
    Replied: 8/26/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They will have a hearing then be sentenced on the original charge.
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    They go to jail.
    Answer Applies to: New York
    Replied: 6/13/2013
    Mary W Craig P.C. | Mary W Craig
    Next, he stays in jail until his probation revocation hearing, where the probation officer and DA will move to revoke his probation and have him serve his original sentence. He is entitled to an attorney for this hearing, so if he cannot afford to hire one, he should ask for a court-appointed attorney to represent him. In Alabama, if he committed a technical violation, such as failure to report to his probation officer, or testing positive on a drug test, then he will likely get a 90-day sentence and then get his probation reinstated. If he committed another crime, however, or if he failed to pay his court-ordered monies, then the judge can incarcerate him for the length of his original sentence. He will get credit for time served and will get good time if he behaves himself.
    Answer Applies to: Alabama
    Replied: 8/26/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    He must face a hearing to determine whether he violated probation an, if he did, whether He goes to prison or jail or probation is continued.
    Answer Applies to: New Jersey
    Replied: 8/26/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Son will go to court, there will be one or more appearances respecting a resolution, including a potential violation hearing. Ultimately he could be found in violation and required to do all of the time left on the case.
    Answer Applies to: California
    Replied: 8/26/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Depending on the seriousness of the old and new charges, the judge on the old case will detain your son until the new case is fully resolved. That means he cannot make bail. You can file a motion to lift the detainer but if it's a serious case, most judges will not lift the detainer. Even if your son beats the new case, the old judge can have what's called a Daisy Kates hearing to determine whether your son committed the new crime by a preponderance of the evidence, which is a lower standard than the beyond a reasonable doubt standard. If your son is found guilty in the new case or if he loses a Daisy Kates hearing, he can be resentenced on the old case and it will likely be a tougher sentence. If your son is considering a plea on the new case, he can do 701 consolidation and plea before his old judge if he thinks that judge is fair.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    At the hearing he will either argue that he did not violate his probation or admit to the violation and then be sentenced. You should hire a good lawyer for this.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    What happens next? The hearing and potential jail/prison. If he doesn't know how to represent himself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/26/2012
    Steven Alpers | Steven Alpers
    It depends why he was arrested, new offense, not reporting? Your son could be released on the next court date or he could be ordered to go to prison.
    Answer Applies to: California
    Replied: 8/26/2012
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