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Friend in jail on probation violation with No bail. how do i get court to issue a bail

Methuen, MA |

probation officer wants a 6 mos. alcohol residential program ammended to probation. can not get into one unless friend is able to go on interviews. with out bail there is NO way to do this

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Attorney answers 3


When a probationer is facing a final surrender hearing, the judge has two options: release on personal recognizance or hold without bail. Release on bail is not an option in a probation surrender situation. The situation you describe is fairly common; the probationer is held in custody at the preliminary hearing so he gets a "taste" of incarceration, and then he is reprobated at the surrender final hearing. At the final surrender hearing, the judge can modify the conditions of probation to require that the probationer enter and complete the program the PO is seeking, and release the probationer. The probationer can then take the steps necessary to gain admission into the program, such as interviewing with the program.


Usually, once a Violation of Probation has been filed and the person arrested, the court will not offer to allow him to be bailed out - regardless of why you want him out.

On the other hand, usually if the person is incarcerated, there are governmental agencies that will help have the residential program visit him in jail. If not, then he will have to deal with the consequences of his actions and dry out while in jail. Sorry.

Good luck.


If he was taken into custody on his first hearing date, the judge most likely found probable cause that he violated the terms of his probation. What will happen next is that he will have a final surrender hearing in which his probation officer will ask for a certain thing (i.e. he be found in violation and sentenced to jail or add a condition to the terms of his probation). Assuming he already has an attorney, and is willing to enter into a program, then that might be something to bring to the judges attention on the final surrender hearing. This may enable him to be released and enter into a program. If he does has health insurance, some insurance companies will cover his stay in the program. In the meantime, you could start looking for some places.

Good luck.

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