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 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 a no bond warrant out for your arrest, and you’re looking at some significant time in either jail or prison.
If this sounds like the situation that you or a loved one is in, that’s because this is unfortunately 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 is There a No Bond Warrant Issued for My Probation Violation?
In Collin County, if you are on probation for a misdemeanor offense and the State decides to revoke you, the Judge usually sets a bond automatically for probation violation warrants. Not always, but usually. However, if you are on probation for a felony, the warrant is usually issued as a “no bond warrant.”
If you have a no bond warrant, that means a motion for bond must be filed and a hearing must be held in Court before a Judge may even consider setting a bond for you. And, before any of that can occur, you have to be in custody. There is no way to get a bond set before you turn yourself in or get arrested. Furthermore, 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 after your case has been resolved.
How Can a Bond be Set for a No Bond Probation Violation Warrant?
In Collin County, whether or not a Judge will set a bond for a probation violation warrant 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 request a bond hearing at that time and get the process started immediately. Coming up with a plan beforehand makes the whole process move much faster, rather than randomly waiting for the wanted person to be picked up on the warrant at any given time and then having to start the process from scratch. Using this method, it’s often times possible to get a bond set in a matter of days rather than several 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 the resolution 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 you from having to spend money on posting a bond.
So, if you or a loved one has an active no bond warrant as a result of either a Motion to Revoke or a Petition to Adjudicate, 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.