Understanding Violation of Probation: Consequences and No Bond Warrants
Table of Contents
- Introduction
- Understanding Violation of Probation or Community Control
- Differences Between Felony Court and Misdemeanor Court
- Technical Violations - What You Need to Know
- Affidavit of Violation - Explained
- First Appearance in Felony Cases
- No Bond Warrants in Felony VOP Cases
- Violation of Probation Arraignment
- Violation of Probation Evidentiary Hearing
- Sentencing in Violation of Probation Cases
- Pre-Sentence Investigation - Rights and Procedures
- Defense Pre-Sentence Investigation - When is it Applicable?
- Conclusion
Understanding Violation of Probation or Community Control
📌 Introduction:
Violation of probation or community control is a serious matter that can have significant consequences for individuals involved, as well as their loved ones. In this article, we will explore the intricacies of this legal process and shed light on various aspects related to it.
📌 Differences Between Felony Court and Misdemeanor Court:
One of the key distinctions between felony court and misdemeanor court lies in the handling of violation cases. Unlike misdemeanor court, where bonds are often granted, most Circuit Court judges do not provide bonds for felony violations of probation or community control. This fundamental difference sets the stage for a stricter approach in handling such cases.
📌 Technical Violations - What You Need to Know:
Probation officers often refer to certain violations as "technical." However, it is crucial to understand that for a violation of probation to be legitimate, it must be both willful and substantial. Technical violations, by definition, do not meet these criteria. This distinction is vital in determining whether an alleged violation is valid and subject to punishment or not.
📌 Affidavit of Violation - Explained:
When a Department of Corrections Division of Probation and Parole Services probation officer drafts an affidavit of violation, they often include multiple alleged violations. These affidavits are intentionally broad in order to provide the prosecution with the strongest possible case against the probationer. This is a common practice aimed at facilitating the process of proving a violation and imposing appropriate penalties.
📌 First Appearance in Felony Cases:
Despite the issuance of a no bond warrant in most felony violation cases, a first appearance is still held. During this stage, the defendant's rights are explained, and their charges are formally presented. While the likelihood of obtaining a bond in felony VOP cases is low, there are exceptions to this general rule.
📌 No Bond Warrants in Felony VOP Cases:
In felony violation of probation cases, it is common for judges other than the trial judge to issue the warrant for arrest. These judges usually do not grant bonds in such cases, primarily considering the serious nature of the violations. Exceptions to this practice do exist, but they are infrequent.
📌 Violation of Probation Arraignment:
Despite the absence of a bond, a violation of probation arraignment is conducted in felony cases. The purpose of this hearing is for the probationer to enter a plea, either admitting or contesting the violation allegations. This is a crucial stage where the defendant's legal strategy begins to take shape.
📌 Violation of Probation Evidentiary Hearing:
In cases where the probationer contests the violation of probation, an evidentiary hearing, also known as a trial, is scheduled. During this proceeding, evidence is presented to determine the validity of the alleged violations. The court examines whether the alleged violations were willful and substantial, which serves as the basis for the final decision.
📌 Sentencing in Violation of Probation Cases:
If the probationer enters an admission of violation, a separate sentencing hearing is held to determine the appropriate penalties. During this stage, both parties may submit written documentation. It is important to note that individuals have the right to a pre-sentence investigation, which provides the court with detailed information about the defendant's background, circumstances, and potential mitigating factors.
📌 Pre-Sentence Investigation - Rights and Procedures:
Generally, individuals involved in felony violation cases have the right to a pre-sentence investigation. However, if there is an agreement between the parties, this requirement can be waived. In cases where no agreement exists, most judges are likely to order a pre-sentence investigation to provide a comprehensive understanding of the defendant's situation before determining an appropriate sentence.
📌 Defense Pre-Sentence Investigation - When is it Applicable?
While pre-sentence investigations are commonly conducted in felony violation cases, defense pre-sentence investigations are rare. These investigations are primarily undertaken in special circumstances such as brain imaging or mental health mitigation cases. The defense may opt to conduct its own investigation to present a more detailed and comprehensive view of the defendant's situation during the sentencing hearing.
📌 Conclusion
Navigating the complexities of a felony violation of probation or community control case can be challenging. Understanding the procedural intricacies, the different stages, and the rights of the probationer is crucial. If you have questions about your specific case or that of someone you care about, do not hesitate to seek professional legal advice.
Highlights:
- Violation of probation or community control is a serious matter with significant consequences.
- Felony court differs from misdemeanor court in terms of bond considerations.
- Technical violations require both willfulness and substantiality to be considered valid.
- Affidavits of violation are deliberately comprehensive to strengthen the prosecution's case.
- First appearances are still held in felony cases despite the absence of a bond possibility.
- No bond warrants are the norm in felony violation of probation cases.
- Violation of probation arraignments mark the entry of a plea by the probationer.
- Evidentiary hearings are conducted to determine the validity of violation allegations.
- Sentencing hearings take place separately in violation of probation cases.
- Pre-sentence investigations provide detailed information for informed sentencing decisions.
- Defense pre-sentence investigations are rare but can be conducted in specific circumstances.
FAQ:
Q: Are technical violations always considered a violation of probation?
A: No, technical violations require both willfulness and substantiality to be considered valid. Otherwise, they do not constitute a violation of probation.
Q: Can I obtain a bond in a felony violation of probation case?
A: While it is unlikely to receive a bond in such cases, there are exceptions depending on the circumstances.
Q: What happens in a violation of probation arraignment?
A: The probationer enters a plea, admitting or contesting the allegations of violation.
Q: What is a pre-sentence investigation, and when is it conducted?
A: A pre-sentence investigation provides the court with detailed information about the defendant's background and circumstances. It is usually conducted before sentencing, unless waived by agreement.
Q: When are defense pre-sentence investigations conducted?
A: Defense pre-sentence investigations are rare and typically conducted in special circumstances such as brain imaging or mental health mitigation cases.
Resources:
- Department of Corrections Division of Probation and Parole Services: website
- General legal advice: website
