Can You Get Bail on a Misdemeanor Probation Violation Warrant?

When faced with a warrant for a probation violation, the question often arises as to whether one can obtain bail. This article aims to clarify the process and provide guidance on obtaining bail on a misdemeanor probation violation warrant in different jurisdictions, with a specific focus on Wisconsin and Washington State, USA.

Wisconsin

In Wisconsin, if a probation officer (PO) issues a detainer, the individual will remain in custody until the detainer is lifted. A new charge may be bailed out, but the probation hold will not be resolved until the warrant is released by the PO. This implies that unless the PO decides to grant a bail release, the individual cannot be released from jail.

For the best chance of receiving reasonable bail, hiring a lawyer is crucial. The lawyer can review the case and negotiate the terms. By turning yourself in with an attorney's blessing, you demonstrate a willingness to cooperate, which can make the judge consider you a less risky individual. Moreover, an attorney may negotiate a bail amount prior to the individual turning themselves in, providing transparency and preparedness.

Remember, the judge will consider the following factors when determining bail:

Your criminal history Your character and reputation Any prior failures to follow court orders Your ties to the community (employment, family, etc.) Your financial stability Whether you are a flight risk

A misdemeanor bail may not seem like a significant financial burden, but it is important to know the amount beforehand to prepare adequately.

Washington State ( USA)

In Washington State, there is no bail for a probation violation warrant. The primary reason is that you were already convicted of a crime, and by agreeing to probation, you gave up certain rights. Probation custody hearings or violations do not grant the right to bail. However, you do have the right to bail on a new unrelated charge, while the probation warrant remains active and you remain in jail until the probation hearing.

It is important to understand that parole and probation are different from pre-trial bonds. Probation holds are strict and legally require you to remain in custody until your hearing or until your probation is reinstated. Similarly, parole has a 45-day window to conduct a parole hearing, after which the individual can be released or the probation could expire.

Conclusion

Obtaining bail for a misdemeanor probation violation warrant can be challenging, especially if you are in Wisconsin. In Washington State, bail is not an option for probation violation hearings. It is essential to consult with a lawyer who can navigate the complexities of the legal system and advocate for you. Your lawyer can help you understand the conditions and negotiate the best possible outcome.

Note: This article is a general guide and may not apply to every individual case. It is always best to seek professional legal advice for personalized guidance.