Probation is often seen by many defendants as a desirable outcome, especially when the other possible outcome is time spent in custody. But probation comes with it’s own set of rules and regulations; in fact, one of the first things that happens when someone goes on probation is that he must read and sign his rules of supervision. Many of these rules are standard for everyone: no illegal activity, maintain contact with the probation officer, and reporting any contact one has with a police officer. Some probation is more strict than others, or will have specific sets of rules, such as sex offender probation, or probation for offenses related to alcohol. If someone violates one of his rules, there are different possible consequences. You may ultimately receive a warning. Your period of probation can be extended. Your agent may decide to try to revoke you. But one of the most common consequences-and the most immediate-is being placed on a probation hold.
What Is a Probation Hold?
A probation hold occurs when someone who is on probation commits a rule violation. Depending on the circumstances of the rule violation an individual may be taken into custody on the spot by a law enforcement officer, or required to turn themselves into the local jail where they will be held in custody.
When Can I Get Out?
The most frequent question that our office is asked when dealing with probation holds is ‘how long am I going to be in custody?” There is no one answer to this question. It depends upon the circumstances. Some of the factors that will influence how long you are in custody are: the type of rule violation, the severity of new charges if you are being charged in another case, if you have been placed on a PO hold before, the day you are taken into custody, and many more. While many factors can effect how long you will remain in custody, after being held for fourteen days, you must either be released, or your agent must move to revoke your probation, in which case you will remain in custody.
Can I Post Bond?
Unfortunately, when you are placed on a probation hold you are not given, or entitled to a bond.
What Happens If My Agent Moves to Revoke me?
In the event that an agent moves to revoke your probation, you may not actually be revoked. Sometimes an agent will proceed with revocation because of the time limits of a PO hold. Many times a defense attorney is able to contact the probation agent and negotiate an Alternative To Revocation, also known as an ATR. An ATR can be a variety of things, in some cases it can be an agreement to get treatment or a jail sanction. If you or someone you know is worried about being placed on a PO hold, or is in need of someone to negotiate an ATR, contact the attorneys at Nicholson & Gansner for a free consultation.
an agreement to get treatment, spend time in a halfway house, or a jail sanction. If you or someone you know is worried about being placed on a PO hold, or is in need of someone to negotiate an ATR, contact our office for a free consultation.