Unlike most criminal offenses in state court, there is no presumption in favor of a bond if one is accused of violating probation (VOP). Furthermore, innocence on the underlying charge for which you are on probation is not a defense to VOP. The judge will determine whether you violated the terms of your probation without a jury trial and will not re-open the original case to see whether or not you were really innocent. Additionally, the standard of proof to find a VOP is substantially lower than the standard of proof to determine innocence or guilt of a criminal charge. Often, one can be found guilty of violating probation for getting arrested for a new offense, even if that new offense is later dropped or not prosecuted.
In most cases, a VOP warrant will not include a bail bond. You will likely sit in jail from the date of your arrest until at least your first court date which can often be a month or more out.
In a VOP case, it is extremely important to have a lawyer on your side early in the proceeding. If you, a family member or friend has been arrested for violation of probation, contact us, to discuss your options with an experienced attorney at the Ferraro Law Group.