Probation Violation Bail Bonds
A violation hold does not work like an ordinary arrest. Penal Code § 1203.2 puts the release decision with the court.
A probation violation arrest does not work like an ordinary arrest, and families who assume it does lose a lot of time. There is often no bail schedule amount to post, because the release decision runs through the court rather than through a published figure. Understanding that up front changes what you should actually be doing tonight.
The single most important difference. On a normal arrest, there is usually a scheduled bail amount that can be posted straight away. On a probation violation, Penal Code § 1203.2 puts the release decision in the court’s hands. That is why families are so often told “no bail” — it is frequently not a refusal, it is the process.
How a probation violation arrest happens
Penal Code § 1203.2(a) is unusually broad. At any time during the period of supervision, if a probation officer, parole officer or peace officer has probable cause to believe the supervised person is violating any term or condition of supervision, that officer may — in the statute’s own words — “without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring them before the court.” Alternatively the court may issue a warrant for rearrest.
Two things follow from that. First, no warrant is required, so an arrest can happen without any prior notice. Second, the standard is probable cause to believe a condition was violated — not a new criminal conviction.
The section covers more than classic probation. It applies to people released on probation under a probation officer, on conditional sentence or summary probation, on mandatory supervision under § 1170(h)(5)(B), subject to revocation of postrelease community supervision under § 3455, and subject to revocation of parole supervision under § 3000.08.
What the statute says about release
This is where a probation violation genuinely diverges from an ordinary booking. The statute provides that, unless the person is serving a period of flash incarceration, whenever a person on probation subject to this section is arrested — with or without a warrant, and whether or not a revocation petition has been filed — the court shall consider the release of the person from custody in accordance with Section 1203.25.
For a supervised person who is not on probation, the statute provides that the court may order release under any terms and conditions the court deems appropriate.
In plain terms: release is a judicial decision here, shaped by the court’s assessment, rather than something resolved by posting a published schedule amount at the jail counter.
Source: California Legislative Information, Penal Code § 1203.2. We are a bail agency, not a law firm, and this is general information rather than advice about any particular case.
So can a bail bond help at all?
Sometimes, and sometimes not — and we would rather tell you that plainly than take a call under false pretences.
- If there is a hold with no bail set, there is nothing for a bond to attach to until the court addresses release. Posting money will not move it.
- If the person was arrested on a new charge as well as a violation, there may be a bail amount on the new case while the violation hold remains. Posting on the new case alone will not produce a release if the hold stands. This catches families out constantly and it is expensive to get wrong.
- If the court sets an amount in connection with the violation, a bond can be posted in the normal way.
The useful first step is finding out exactly what is on the booking: whether there is a hold, whether there is a new charge, and whether any amount has been set. We check that for free, usually within a few minutes, and we will tell you honestly if a bond is not the answer.
What families should do first
- Find out where they are. Free, a few minutes, no obligation.
- Find out whether there is a hold. This is the question that determines everything else.
- Speak to a defense attorney early. A violation is resolved in court, so counsel matters more here than in a routine booking.
- Do not assume money solves it. On a straight violation hold, it usually cannot.
Where they will be held and where the case is heard
Orange County custody runs through the Intake Release Center in Santa Ana, with transfers possible to Theo Lacy or the Musick Facility. North county matters are associated with the North Justice Center in Fullerton. That is what the courthouse handles, not a case assignment — the release paperwork and case record control where a case is actually heard.
In Los Angeles County, custody runs through the Inmate Reception Center for men and the Century Regional Detention Facility for women. Arrests may begin at a city facility — see Whittier, Fullerton or Santa Ana — or at a Sheriff’s station such as Industry, Norwalk, Pico Rivera or Walnut/Diamond Bar.
If it is parole rather than probation
The two are handled completely differently, and it matters enormously for whether a bond helps. See parole violation holds.
Related situations
- Warrant bail bonds — including bench warrants, which can run alongside a violation.
- Failure to appear under PC 1320 and 1320.5 — a different mechanism with its own penalties.
- Felony and misdemeanor bail.
- Domestic violence bail, where a violation and a new DV charge together make release considerably harder.
Common questions
Can you bail someone out on a probation violation?
Often not directly. Penal Code § 1203.2 puts the release decision with the court rather than with a published bail schedule, so where there is a straight violation hold there may be no amount to post. If the court sets an amount, or there is a separate new charge with bail, a bond may be possible.
Can someone be arrested for a probation violation without a warrant?
Yes. The statute allows a probation, parole or peace officer with probable cause to believe a condition is being violated to rearrest the person without warrant or other process, at any time until final disposition of the case.
What does a “no bail” hold mean?
Generally that release is not available by posting a scheduled amount and must be addressed by the court. It is usually a reflection of the process rather than a decision about the individual.
They were arrested on a new charge and a violation. Should we post on the new charge?
Be careful. If the violation hold remains in place, posting on the new charge alone will not produce a release, and the money is committed. Call us and we will check exactly what is on the booking before anything is paid.
Does this apply to parole and PRCS too?
The section covers people subject to revocation of postrelease community supervision under § 3455 and parole supervision under § 3000.08, as well as probation, conditional sentence and mandatory supervision.
Where we work from
Our three offices are open 24 hours a day, every day of the year: Anaheim, Brea and La Habra. We post bail throughout Orange County and Los Angeles County, and we will tell you straight if a bond is not going to help.
Related
Probation hold vs parole hold
| Probation hold | Probation is supervised by the county and the sentencing court. Under Penal Code 1203.2 a probationer can be arrested and held pending a revocation hearing. The court may set bail on the violation, or order no bail. |
| Parole hold | Parole is supervised by the state after a prison term. A parole hold under Penal Code 3056 generally is not bailable through the local court at all. See parole violation holds. |
Either one keeps a person in custody regardless of a bond posted on a new charge — see holds and multiple cases.
Our three offices
Anaheim, CA 92801(714) 520-2002
Brea, CA 92821(657) 286-5038
La Habra, CA 90631(562) 690-8303