bond violation This is a topic that many people are looking for. khurak.net is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, khurak.net would like to introduce to you Violation Of Probation And Community VOP No Bond Warrants. Following along are instructions in the video below:
“For this segment of the client education series. We re going to talk about one one of the more serious circumstances procedurally you can find yourself in or someone you can find themselves in and that is known as a violation of probation or community control in felony court. One of the key differences between a vo p. Or a vo cc as we often call it in the profession between felony court and misdemeanor court is simply this rarely is there a bond.
I mean that s just how it is most circuit court judges are not going to put a bond on a felony violation of probation. Now another thing you need to be aware of or when you hear probation officers talk about your case and they say yeah yeah but these are technical violations. Quite. Often i hear people in the system.
Say something they just shouldn t say and this is what it is that a particular type of violation is technical now this is going to be technical. But in order to find a violation of probation. It must be willful and substantial every violation of probation that can result in prison or other punishment and sanction has to be willful and substantial by definition under the case law. If it s a technical violation.
It is neither willful nor substantial or it is willful. But not substantial you know and so it s not a violation yet you ll hear this all the time so if you have questions about that please ask us because forever in a day for as long as i ve been practicing and the same is true for all the lawyers. I work with in these team efforts that we call helping you through this difficult time with your case. We re going to hear technical violations.
So keep your eyes open for that because if it s a technical violation. You shouldn t be going to court. Why because it s not willful and substantial and therefore not a violation of probation. Now one thing.
That s true about misdemeanor and felony violations of probation is when that affidavit of violation is written by a department of corrections division of probation and parole services probation officer. It s going to be a scattergun in other words. It s not going to be just one thing in most cases now it could be that does happen. But generally speaking.
They re looking for everything possible to add to that violation of probation affidavit. Because just as in the case of a misdemeanor case. It gives the prosecution an easier time proving a violation and allowing enhanced punishment. Now procedurally.
There will still be a first appearance. Even though it s going to be a no bond warrant. Most of the time in a felony case and again when it comes to bond issues. If it s not the judge.
That was the trial. Judge on the case who signed the affidavit of violations. Warrant request. And issued a warrant that judge is not going to grant a bond and frankly in most cases.
A judge is not going to grant the bond in a felony vop case. There are exceptions and i ve had that happen fairly recently numerous times. But you know exceptions are generally not the rule so that being the case you have no bond warrants and you re still going to have a violation of probation arraignment. The case may also be set for a trial which we call a violation of probation evidentiary hearing and there also could procedurally be a separate sentencing hearing whereby somebody enters an admission of violation and then down the road we have a sentencing hearing because both parties need to submit written documentation and a key distinction between felony and misdemeanor court.
Both for violations of probation community control and new charges is person has a right to a pre sentence investigation. Now generally speaking. If there is a plea agreement in a felony case. That s not a vo p or v.
Scc. You can waive a psi pre sentence investigation. Technically you can waive a psi in a sentencing for a violation of probation. However if there is not an agreement between the parties.
Most judges are going to order a psi or an update psi prior to sentencing. So in those cases. Where we have an admission entered and sentencing later the defendant will probably be interviewed by a probation officer who s going to do an update. Psi or a first time pre sentence investigation.
Now what we tend to do depending on the case is we will write a sentencing memorandum or we ll do our own pre sentence investigation. If it s a brain imaging case. Which is very rare in violation cases. But it does happen if it is that kind of case or otherwise a mental health mitigation case then my practices usually we do a pre sentence investigation of our own for sentencing hearing.
This is rarely done in misdemeanor cases. The only exception is when you have a scenario. Where we are using brain imaging. And the person is out on bond and can go get brain imaging.
Well. When they ve done the brain imaging. Then we prepare a pre sentence investigation of our own what we call a d psi. Which simply means defense pre sentence investigation.
We can do them in new cases. We can do them in violation cases. But in felony vo ps and felony vo c. C.
s they re very hard to do so. That s the basic procedure for felony. Vo p. And you have gaps of time all along the way you have a warrant that s issued and then whatever time it takes for the person to turn themselves in or get picked up.
Then you have a gap in time between first appearance and the violation of probation arraignment and you have another gap in time between probation arraignment and an evidentiary hearing and the case can settle at arraignment before arraignment at an evidentiary hearing or you can have a contested trial. Which is the evidentiary hearing so those are the basics of felony violation of probation and if you have questions about your case or that of someone you love just give us a call. We ll be happy to answer your questions. ” .
Thank you for watching all the articles on the topic Violation Of Probation And Community VOP No Bond Warrants. All shares of khurak.net are very good. We hope you are satisfied with the article. For any questions, please leave a comment below. Hopefully you guys support our website even more.