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How to Get a Bond or Make Bail if You have a Warrant for Violation of Probation

I handle a lot of probation violation cases. Technically, or legally speaking, they’re actually called either Motions to Revoke or Petitions to Adjudicate depending upon what type of probation you are on. So, if you’re currently on probation and the State is trying to revoke or adjudicate you, let me take a guess at your situation.

You were arrested and charged with a crime in Texas and, after posting bond and eventually pleading guilty, you were placed on probation for a few years. It seemed like a great deal at the time. You avoided having to spend any real time in jail. You were able to keep your job and stay at home with your family where you belong. And, in exchange for probation, the Court simply required that you check in with a probation officer each month, attend a few classes, perform some community service, and make monthly payments towards your fine and court costs. But, sure enough, over time your probation officer has knit-picked his or her way into finding a reason to recommend that the State revoke your probation, and now you have an active warrant out for your arrest, no bond has been set on the warrant, and you’re looking at some significant time in custody.

If this sounds like the situation that you or a loved one is in, that’s because this is how the vast majority of all probation violation cases in Collin County are handled by the Community Service and Corrections Department and the District Attorney.

Why has No Bond been Set for Your Probation Violation Warrant?

In Collin County, if you are on probation for a misdemeanor offense and the State tries to revoke you, the Judge usually sets a bond automatically when he or she signs and issues the warrant for your arrest. However, if you are on probation for a felony, the warrant is usually issued without a bond. This is typically for a few different reasons.

First and foremost, if you are on deferred adjudication or regular probation in Texas, that means you have already entered a guilty plea to the original criminal offense you were charged with. Therefore, you are no longer presumed innocent until proven guilty, so you are not necessarily entitled to a bond.

Furthermore, if no bond is set on a probation violation warrant, that means a hearing must be held before a Judge may even consider setting a bond. And, if a hearing is held, that gives the State an opportunity to try to discover more unfavorable evidence and testimony against you during the hearing.

Finally, if the State has alleged that you have multiple probation violations or that one of the violations is particularly severe, such as having committed a new crime, the Judge may simply feel that you are too big of a risk to release from custody until the probation violation case has been resolved.

If No Bond has been Set on a Probation Violation Warrant, Does that Mean One Cannot be Set?

Not necessarily. Here, in Collin County, whether or not a Judge will set a bond for a warrant issued as a result of a probation violation heavily depends on a number of factors including, but not limited to, the original criminal offense for which you were placed on probation, the length of time you have been on probation, the type of probation you are on, the alleged probation violations, whether or not you have any previous violations, etc.

So, when a probation violation warrant has been issued with no bond, I typically handle the situation in one of two ways:

1. I make arrangements for the wanted person to turn themselves into the Court’s custody at an agreed upon time so we can immediately hold a bond hearing at that time and request a bond. This makes the whole process move much faster, rather than waiting for the wanted person to be picked up on the warrant at any given time, then having to file a Motion for Bond, request a hearing date, etc. Using this method, a bond can be set in a matter of hours rather than days or weeks.

2. Or, if the Judge denies a bond at the hearing or the bond is set so high that the wanted person cannot afford to post it, I simply try to get the case resolved as quickly as possible without regard for a bond because, if the case is resolved and results in the person’s probation being continued, he or she will be released at that time. The main benefit of this option is that it saves the wanted person from having to spend money on posting a bond.

So, if you or a loved one has an active warrant as a result of either a Motion to Revoke or a Petition to Adjudicate and no bond has been set, feel free to contact me at (972) 372-4054 so I can help you either get a bond set or just get the entire case resolved without the need for a bond.

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