The truth is, Florida law permits the court to issue a bond when there is a pending violation of probation.
"Notwithstanding any other provision of this section, a felony probationer ... who is arrested for violating his or her probation ... in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing."
Fla. Stat. § 948.06(4)
Basically, this statutory provision allows a judge to make a decision as to whether or not to grant a bond to a person accused of violating their probation.
Some of the factors a judge may consider?
1) What is the accused on probation for?
A person on probation for a non-violent offense is more likely to get a bond than somebody who is on probation for a violent offense.
2) Has the accused violated probation before?
You are more likely to get a bond for your first violation than you are for subsequent violations.
3) What is the nature of the violation?
Is this a new arrest (new law violation) or a technical violation, such as a positive drug screen, failure to pay restitution, or failure to complete some other special condition. Those with technical violations are more likely to get a bond than those with new law violations.
4) Is there a good reason to issue a bond?
Judges don't know accused people the way their criminal defense attorneys do. A criminal defense lawyer gets to know the person, while a judge only has a few moments and some basic information upon which to form an opinion. So a judge may not look beyond the arrest affidavit or probation violation report when it comes to deciding whether or not to issue a bond. If the criminal lawyer can provide the judge with some personal information about the accused, it could help the accused to get a bond.
Employment is a huge reason why judges grant bonds in probation violation matters. The main purpose of probation is to rehabilitate offenders by giving them a non-prison sentence in which they can learn to act in compliance with the laws. Statistics show that offenders are likely to commit new crimes if they are financially desperate.
So if somebody ends up in jail, they may lose their job. If the employer is willing to keep that person, then the judge may have an incentive to release them.
I always encourage my probation violation clients to get me letters from employers. Believe me, a letter from your boss telling the judge that there is a job waiting can be crucial in obtaining a bond.
Probation violations can come when you least expect it. You may have a probation officer who doesn't seem to want to get along with you, and only seems to be out to violate you.
Probation violations can lead to the loss of employment, but more devestating, the loss of freedom.
As a former prosecutor, I will let you in on a little secret: prosecutors love to close out their cases.
If somebody is out of custody, it is much more likely that that person will get a chance to reinstate their probation, as opposed to somebody in custody who may be offered a jail sentence instead of additional probation.
Don't give up just because their is a violation of probation pending. A good criminal defense attorney may be able to get your loved one a bond, even in these unlikely situations.
If you have a loved one in custody on a probation violation, contact me for a free consultation. I handle probation violations in Broward and Miami-Dade.