One of the biggest complaints I get from friends and family members of clients involve the issue of bond when their loved one is sitting in custody. Under most circumstances, a defendant is innocent until proven guilty and will be allowed to remain out of custody on bond so long as they don’t pose certain risks that the Court believes are at issue.
However, if a person is on probation at the time that they are arrested on new charges, there is an added complication. Probation can actually put a “hold” on that person. What that means is a person may actually be able to make bond in their new case; however, due to the hold that has been placed on the defendant by probation, they will not be released until they are taken before the Court in the jurisdiction that they are on probation and their revocation issues are dealt with.
Often, probation officers want to know if the defendant is guilty of the new allegations; however, guilt on the new charges only has to be proven by a preponderance of the evidence or by conviction in the new case. When deciding how to proceed, probation can do one of three things. First, they can have a full hearing presenting evidence of the new charges and the defendant’s culpability regarding those charges. The Court then uses the preponderance standard in determining whether the defendant/probationer committed the act as alleged. Second, the probation department can hold the defendant in custody for a period of time to see if the new charges are disposed of and use that disposition as a measure of what to do with their revocation. Third, under rare circumstances, the probation department or Judge will agree to a probation bond and will allow the defendant to remain out of custody until they are brought back before them for a revocation.
If you have a loved one in custody and they are being held by probation without bond, call our office to see what may be done to expedite his/her release.