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How long can you be held in County Jail before seeing a judge on a violation of probation?

Orlando, FL |

I was recently informed I have a warrant for a violation of felony probation in Osceola County, FL. I plan on turning myself in tomorrow, but I wanted to know how long they can hold me before I see the judge. There is no bond set, either. My public defender says up to 5 days, but i've heard conflicting answers, so i'm starting to really worry. Thank you.

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Attorney answers 2

Best Answer

You can be held with no bond until your violation of probation hearing is held. That could take months depending on the judge's calendar. If you qualify under the Anti-Murder Act then you are ineligible for a bond. You need to consult with an attorney. You probably do qualify for a bond.

Usually you will be served with a warrant and sit in jail until the attorney can file a bond motion and get a hearing date. Once the court has room in his calendar to have the hearing, you will be transported to the courtroom for the bond hearing. What bond amount the jduge sets depends on the charge, your history, and the reason for the violation.

Many smart attorneys will file a motion with the judge to surrender you to the court on the warrant and schedule a Motion to Set Reasonable Bond hearing at the same time. That way you get your bond set right when you turn yourself in, instead of waiting in jail for a hearing date, which could take weeks. Hire an attorney, get it done right so that you spend less time in jail while the violation of probation is pending. The public defender will probably not file the appropriate motions for you until you are served with the warrant bc they will not be appointed until then. A private lawyer will file the motion right away. Good luck.

The above is not advice. An attorney client relationship has not been established by the answering of these questions. More information is always needed before accurate advice can be given. Feel free to call the Jason Hicks Law Firm at 407.383.7461 for a detailed consultation. Do not rely solely on the answers to the questions in this forum as more information is needed.


Do not turn yourself in before talking with a criminal defense attorney. Feel free to call me at 321.795.4232 tomorrow morning so I can hear the details. I may be able to help you in this matter and possibly represent you as well. Even though you have a public attorney, the law and ethics allows you to bend the ear of a private attorney and hire one as well.

Experience counts. I have years of criminal defense experience and have represented many clients in Central Florida.