If a Defendant has been sentenced and is now on probation and not in custody, he is expected to comply with all terms of his probation. Probation violations occur if he violates his probation (i.e., drinks alcohol; possesses a firearm; commits a new crime; fails urinalysis tests; or fails to appear when required, etc.) then the probation officer can file a “Petition to Revoke Probation”. In addition, the probation officer can issue an immediate “Warrant” for a Defendant’s arrest. The Defendant will be picked up and held “Non-Bondable” until the probation violation proceeding is finalized.

“Non-Bondable” means that no amount of money will get a Defendant released. The only way a Defendant can be released prior to the conclusion of the Probation Violation proceedings is to have the judge release him on his “Own Recognizance”. (See Own Recognizance (OR)). This is very rare, and requires a very skilled attorney to accomplish this.

Contact DM Cantor for a free consultation and speak to an attorney about Probation Violation.