Violation of Probation

Corey Ira Cohen

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Criminal Defense Attorney

Contributor Level 15

Posted about 6 years ago. 8 helpful votes

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1

VOP Bond

There is no Constitutional right to a bond on a violation of probation, which means the Judge can hold you in jail on no bond until your hearing date. While some Judges will give bonds on minor violations, if you are on probation for a serious offense or you commit a new crime while on probation you will likely not get a bond.

2

VOP Hearing

You will have a right to contest the violation of probation at a hearing. This hearing is in front of a Judge, there is no right to a jury and the state does not have to prove the violation beyond a reasonable doubt like in your original criminal case. In a VOP (violation of probation) the Judge just needs to find based on the evidence that it is more likely than not that you violated the terms or conditions of your probation.

Additional Resources

You need to hire a lawyer if charged with violation of probation since the judge can sentence you up to the maximum period your charge holds. For example if you are on probation for a 3rd degree felony which hold up to 5 years in prison as the maximum the Judge can give you 5 years in prison if you violate probation. Even if you did 4 years on probation before you violated, the judge can still give you the entire 5 years in prison.

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