AM I ENTITLED TO A BOND IN A PROBATION REVOCATION?

March 19, 2012

One of the questions I am often asked is "am I entitled to a bond on a probation revocation?"  The answer to that questions depends upon the type of probation.  In a deferred adjudication situation, one is entitled to a bond.  On ordinary communtiy supervision probation, one is not entitled to a bond setting, though in practice bonds are sometimes set. 

There are essentially two different types of probation, often called community supervision.

The first type is known as deferred adjudication.  In a deferred adjudication situation, a person is placed on community supervision with no finding, or "adjudication" of guilt.  If a person successfully completes deferred adjudication, the case is dismissed and the person avoids a conviction.  If the person is accused of violating one or more conditions of deferred adjudication community supervsion, the person's supervison officer may file what is known as a Petition to Adjudicate.  When a Petition to Adjudicate is filed, a warrant for the person's arrest is issued.  In Collin County, judges will sometimes set a bond amount when the warrant issues on a Petition to Adjudicate.

However, sometimes courts will issue a no bond warrant.  If a person is on deferred adjudication and a warrant for their arrest has issued because of the filing of a Petition to Adjudicate, the person is entitled by law to the setting of a bond.  If the Court issues a no bond warrant, an attorney may simply file paperwork asking that a resonable bond be set.

The other type of community supervision is what I refer to as ordinary or straight probation. Conceptually,  it differs from deferred adjudication in that if one is placed on straight probation, one has been convicted of the offense.  If a person is accused of violating the terms of straight probation, a document known as a Motion to Revoke may be filed and a warrant will issue.

A person is not entitled to the setting of a bond if one is arrested on a warrant that was issued due to the filing of a Motion to Revoke.  In practice, however, depending upon many factors, sometimes a judge in Collin County will set a bond upon the filing of the proper paperwork requesting that a bond be set.

In practical terms, if a person is arrested on a Motion to Revoke, it is important to move quickly to seek a bond setting so that the person may secure release from the county jail.  Otherwise, the person will be in the Collin county jail until the Motion to Revoke is resolved. 

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