How can you get a bond for a first offense in violating your probation?

Asked over 2 years ago - Elkhart, IN

A friend of mine was put on probation for battery in front of a child for a year. They dropped the charge to a misdemeanor and supposedly she violated her probation so she is detained. She was arrested with no bond and had a court appearance 20 days later. The lawyer she hired was suppose to ask for a bond instead she asked for 30 more days to review the case. We were told that first offense violations are automatically 15 days, she has served that time and some, why is she still detained? Is it possible for a bond? She has no prior offenses. What should we do? Is it possible to get a court date for a bond sooner?

Attorney answers (2)

  1. Juan Carlos Garcia Jr

    Contributor Level 15

    Answered . I agree with the previous answer. Usually, the court will place a no-bond hold on the defendant until the probation violation case is resolved. But, there are exceptions if the violation is considered to be minor and other circumstances. Your friend's attorney may request that the court set a bond for your friend in her case. As the previous answer mentioned, your friend's attorney should speak with the prosecutor ASAP about what offer is available to try to resolve the case to try to get out of jail and possibly even reinstated on probation. Good luck!

    Juan C. Garcia, Jr.
    Garcia Law Office, LLC

  2. John Skyler Riordan

    Contributor Level 17


    Lawyer agrees

    Answered . Typically, you do not get a bond on a violation of probation; however, there are always exceptions. If the violation is minor and the person has a limited history, a bond is possible, but not likely.

    Your attorney needs to immediately get a hold of the prosecutor and see what the plea offer is. Is there a chance to reinstate on probation with credit for the time she already has in? Or, is the offer possibly time served. While time served end probation and get he out of jail, it will also make her adjudicated guilty of the charge. It would be a misdemeanor conviction and not a felony, but it would be on her record just the same.

    John S. Riordan, Esq.

    The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-... more

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