Here is a scenario that never fails to upset people. It goes like this...Mr. X who is on probation for a felony gets arrested for a misdemeanor like DWI. X and his family is desperate for him to get out of jail so they bond him out of jail. Mr. X calls my office looking for a lawyer. Once I find out that he is on probation I mention the likelihood that the felony court will be filing a motion to revoke his probation and he will need to make a second bond once the motion is filed . This is when the conversation starts going downhill. Mr. X begins to question my comment. He does not understand why if he is on felony probation a misdemeanor charge will cause him to make another bond especially if he is innocent of the new charges. Despite trying to comfort him by telling him that he is presumed to be innocent of the DWI he does not understand why a court will try to revoke his probation. There are several things at play. While Mr. X made the bond for his new arrest he will be forced to make a new bond for his felony because that court believes he has violated his probation terms. A common term of probation is that there will be no alcohol consumption. Also, a probationer is not allowed to commit any crimes while on probation. The catch in Harris County, Texas is that when a court believes a probationer has violated their probation they not only issue a warrant for the person's arrest, but they set their bond at zero. Thus, a person must be arrested for the probation violation and then an attorney may request a bond from the felony court when the person is police custody. One other thing, just because someone makes a bond on their new case it does not guarantee that the judge will set a bond on the probation violation. For a recent example of this happening please click here. In the future, please understand that I do not set the rules I am only informing you of all the consequences that are about to your particular situation.
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