After your probation officer learns of your arrest, he or she will most likely present a warrant for your arrest to the judge, who will sign the warrant. The police will be notified and may arrive at your home in order to arrest you. Or, if you are stopped by the police for any reason they will immediately transport you to jail because of the existing warrant.
You should hire an experienced probation violation attorney before admitting any violations. Otherwise, you could be admitting to the new crime and helping the prosecutor prove that case. Our criminal defense attorneys can usually resolve both the violation and new crime with a “package deal.”
If you violate a term or condition of your probation, the probation officer will request the judge to sign a warrant for your arrest. Most judges will not allow a bond for a violation of probation. This means if you are arrested on that warrant, you will go to jail and will not be able to bond out. If there are special circumstances, we can request that a judge set a bond or allow electronic monitoring as a condition of letting you out of jail while your violation of probation hearing is pending.
In most probation violation cases, we can resolve the violation by admitting the allegations in the warrant and agreeing to time served. Violations such as not reporting to probation may be resolved with little or no jail time. If you commit a new crime or failure a urine test, the judge will require a significant amount of jail time. A dirty urine violation may be able to resolved with a treatment program instead of jail.
It depends on the judge. Each judge has different schedules and policies when it comes to setting VOP hearings. Our probation violation attorneys know each judge’s tendencies and policies. We can get a hearing as quickly as the next day. Under certain circumstances, it may take longer depending upon the judge’s schedule. The maximum time to get a probation violation hearing is usually 7 days.