What You Need to Know
What happens if someone you know is arrested while already serving a probation sentence? Are they able to secure a bond while already on probation?
The short answer is that yes, you can get a bond while on probation, but it depends on the circumstances of the arrest and the judge’s ruling. Whether you or a loved one are facing a probation violation or a brand-new charge while on probation, understanding how bail bonds work in these situations can help you take the right steps toward release.
Getting a Bond on Probation Explained
Two Common Scenarios
To understand if bail is available, you first need to determine why the arrest occurred:
Arrested for a Technical Probation Violation
A technical violation occurs when someone breaks the rules of their probation without committing a new crime—such as missing a check-in with a probation officer, failing a drug test, or failing to pay required fees.
- In many cases, a judge will set a bond for a probation violation warrant. However, unlike standard arrests where bond is automatically set by a schedule, probation violation bonds are often at the judge’s discretion.
- In some cases, the judge may issue a “No Bond Hold,” meaning the individual must remain in custody until their probation revocation hearing.
Arrested for a New Offense While on Probation
If someone is arrested for a new crime while currently on probation:
- The New Charge: A judge or bail schedule will typically set a bail bond amount for the new charge.
- The Probation Hold: The probation department or court may place a probation hold (or detainer) on the individual. Even if you post bond for the new charge, a probation hold can prevent release until the probation judge addresses the hold.
Key Factors Judges Consider for Probation Bonds
When deciding whether to grant a bond to someone on probation, judges look at several key factors:
- Severity of the Violation or Charge: Minor technical slips are more likely to receive a bond than new felony charges.
- Prior Probation History: Has the individual been compliant up to this point, or are there multiple past violations?
- Flight Risk & Community Safety: Judges evaluate whether releasing the individual poses any risk to the public or if they are likely to appear at future court dates.
How Owens Bonding Can Help
Navigating the bail bond process when probation is involved can be complicated, but you don’t have to do it alone. At Owens Bonding, our experienced agents understand local court procedures and work quickly to help secure release whenever a bond is set by the court. Call 866-830-2663 or click here to Find a Local Agent today.