When a person is convicted in court for committing a crime, the sentence is typically handed down at the judge’s discretion. While virtually all felonies and misdemeanors carry the potential penalty of jail or prison time, they usually also carry the potential for a person to be sentenced to probation in lieu of jail time.
Whether the defendant is sentenced to probation or incarceration depends largely on two factors: the type and severity of the crime they are convicted of committing, and the defendant’s prior criminal history. People with a history of committing crimes – even minor misdemeanors – are less likely to be sentenced to probation than a first-time offender. Additionally, individuals convicted of non-violent misdemeanors can be more likely to receive probation as a sentence.
Why Probation and Not Jail?
For some people, simply getting caught and convicted is enough to turn them off of committing additional crimes. For others, their crimes are not really serious enough or damaging enough to warrant a significant amount of time behind bars. Instead, they’re either sentenced to probation in lieu of jail time or a relatively short time in jail (often before their trial) in combination with probation.
What Happens When You Violate Your Probation?
When you violate felony probation one of three things can happen:
- Your probation is reinstated
- Your probation is reinstated with modified conditions
- You go to prison to serve out the rest of your sentence
When arrested on felony probation violation, you are not eligible for bail.
When you violate misdemeanor probation one of five things can happen:
- A probation revocation hearing is scheduled to revoke your probation
- Probation is revoked and the maximum jail sentence is imposed
- Probation is revoked and the you must serve the remainder of the term in jail
- Probation conditions are modified but probation is not revoked
- The violation is excused and sometimes community service and/or substance abuse counseling is ordered
Individuals suspected of violating misdemeanor probation are eligible for SCV Bail Bonds to keep them out of jail while their case makes its way through the court system.
We are available 24/7 to help with bail bonds for probation violations. If you have any questions, feel free to give us a call any time.
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