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Can a Person Get a Bond on a Probation Violation in Georgia?

Posted by Richard Lawson | Oct 12, 2016 | 0 Comments

Understanding Porbation Violations in Georgia:

The short answer is "yes bond is possible in a Georgia probation violation."  However, the truth is that judges rarely grant bail on a probation violation. Probation Violations in Georgia are serious matters that demand immediate attention because most people remain in jail while the matter is being resolved. 

There are two types of probation violations in Georgia:

Technical Violation of Probation in Georgia:

The first and less serious violation of probation is called a "technical violation."  Examples of a technical violation include missing a probation appointment, failure to pay fines and fees, failure to make restitution payments, and failing a drug screen.

When a person is in custody pending a hearing on a technical violation, it is possible to get a bond.  However, if the hearing is scheduled within a month, getting a bond is still unlikely because most judges will revoke a month or more of probation for these types of violations.  As a result, once the case comes to court, most judges will give the probationer "time served" and released him or her back to probation.

Violation of Probation Based on a New Arrest:

The more serious probation violation is when a person has allegedly committed a new crime while on probation.  In this situation, most Georgia judges will not grant a probation bond unless the probationer has been incarcerated for an extended period.  Even then it would be very rare and unusual for someone on probation to get bond because they would be facing more time in custody for the new charges.  As a result, there is little point in releasing the probationer on bond.  

Final Point:

When a person is charged with a violation of probation, the standard of proof is low. The state must prove the violation by a preponderance of the evidence, the civil standard.  This is another reason why receiving a bond is rare.  In a criminal case, the state must prove their case beyond all reasonable doubt.  Under a preponderance of evidence standard, the state must only prove the violation is more likely to have happened than not have happened, a low standard indeed.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 10 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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