If you are on probation, conditional discharge of court supervision and you get arrested for another case before your prior sentence is complete the prosecutor in the prior case will file a violation against you.
So, if you are on probation, a violation of probation would be filed, if conditional discharge, then a violation of conditional discharge, etc.
You would be given a new court date on the violation and a new bond might be set. This means, when you go to court on the violation the judge could require you to pay money before you are allowed to leave. For example, a judge might set a new bond (on the violation) of $1,000.00. This means you will need to post the full amount in order to be released.
If the new case is dismissed or if you are found not guilty, the prosecutor on the violation can still proceed on the violation case. This is because the new case the court has to find you guilty “beyond a reasonable doubt” (say 85% guilty). Whereas the violation the court only has to find that committed the new offense by a preponderance of the evidence, (51%).
There is the possibility of working out an agreement with the prosecutor to dispose of the new case. Only if you admit you committed the offense without a violation being filed. However, this has to be done by an attorney as the prosecutor will not deal directly with a defendant.
You should bring with you an attorney to any violation court date. Additionally, make sure you have some money available if the judge sets a bond.
For more information, please feel free to contact me.
