Is bail available on a Connecticut probation violation?

Yes, and under the ordinary rules. C.G.S. § 53a-32(a) provides that, except for serious firearm offenders under subsection (e), “provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section”. That means the § 54-63c(a) police release interview, the free bail commissioner or intake, assessment and referral specialist under § 54-63d, and the § 54-64a conditions ladder all apply — including the rule that a judge may never prohibit a bond from being posted by surety.

Can the judge revoke probation and impose any sentence?

Not any sentence. Under § 53a-32(d), if the court revokes it requires the defendant to serve the sentence imposed at the original conviction, or imposes any lesser sentence — which may itself be suspended in whole or in part and followed by probation. The court's other options are to continue probation, modify or enlarge the conditions, or extend the period within the limits in § 53a-29. Revocation is mandatory in one situation: where the violation consisted of a serious firearm offense or the person is a serious firearm offender.

What has to be proved at a violation hearing?

The violation must be established by reliable and probative evidence and by a preponderance of the evidence, and no revocation may be ordered except upon consideration of the whole record (§ 53a-32(d)). At the hearing the defendant must be informed of the alleged violation, advised of the right to retain counsel and to a public defender if indigent, and permitted to cross-examine witnesses and present evidence (§ 53a-32(c)).

How long can a probation violation case hang over someone?

Unless good cause is shown, the charge must be disposed of or scheduled for a hearing not later than one hundred twenty days after the defendant is arraigned on it — sixty days where the person is a serious firearm offender, or was on felony probation and has been arrested for a serious firearm offense (§ 53a-32(c)). Ask the clerk for that date at arraignment.

Can a probation officer arrest someone without a warrant?

Yes. Section 53a-32(a) allows a probation officer to arrest a probationer without a warrant, or to deputise another officer with arrest powers by giving them a written statement that the conditions have been violated. Delivered with the defendant to the official in charge of a correctional centre, that statement is sufficient warrant for detention, and the probation officer must notify the court immediately. A probation officer may also notify a police officer, and that notice is itself sufficient warrant for the arrest.

What conditions can be attached if the person is released while the violation is pending?

Under § 53a-32(b) the court reviews the conditions already imposed and may order the defendant to comply with any or all of them as a condition of pretrial release, in addition to any conditions imposed under § 54-64a. Unless the court orders otherwise under § 54-64a(c), the person is supervised by the Court Support Services Division in accordance with § 54-63b(a).

How is this different from a parole violation?

Probation is a court sentence supervised by the Court Support Services Division of the Judicial Branch (§ 53a-29(c)), and a violation is decided by the Superior Court under § 53a-32 — with the ordinary bail provisions applying. Parole is administered by the Board of Pardons and Paroles under § 54-125a, and a parole matter is not a court bail matter, so a bail bond does not answer it. If you are not certain which one applies, tell us the supervising officer's agency and we will tell you which process you are in.

Is there a 3% down bail bond program in Connecticut?

No. A surety bail bond agent who finances a premium must collect a minimum down payment of thirty-five per cent of the premium due and take a promissory note for the balance payable within fifteen months (§ 38a-660c(b)). A professional bondsman may charge no more than $50 on bail up to $500, 10% from $500 up to $5,000 and 7% above $5,000 (§ 29-151(a)). Section 54-66(a) also lets a family post the full bond in cash with the clerk or pledge real property instead. Lawful payment plans exist in Connecticut; a 3% down program does not.

Is there a 3% down bail bond program in Connecticut?

No. A surety bail bond agent who finances a premium must collect a minimum down payment of thirty-five per cent of the premium due and take a promissory note for the balance payable within fifteen months. A professional bondsman may charge no more than $50 on bail up to $500, 10% from $500 up to $5,000 and 7% above $5,000. also lets a family post the full bond in cash with the clerk or pledge real property instead. Lawful payment plans exist in Connecticut; a 3% down program does not.

Probation Violation Bail Bonds

The two beliefs families often hold about probation violations in Connecticut turn out to be unfounded. The first false information concerns bail conditions in respect of violations of probation; in fact, according to, contradicts this assumption - "the provisions dealing with the release on bail of those accused of crimes apply to defendants arrested under this section," and the only exception refers to serious firearm offenders. The second idea, which is in fact wrong, states that a judge allowing the violation of probation can impose on the convicted person the punishment similar to the penalty that could have been originally applied. Actually, according to, the court mandates the convict to serve the previously determined sentence or issues a lighter punishment.

Statewide · 24 hours a day

(860) 818-7078

Call before the hearing, not after. We will tell you what the file says.

Regarding the Connecticut probation violation

In Connecticut, court orders are administered by Court Support Services Division. As stated in, all offenders sentenced to probation are required to pay $200 probation fee, and be supervised by CSSD. This is the first reference to the key difference between parole, which is implemented by the Board of Pardons and Paroles in accordance with a separate statute. The Connecticut probation matter is usually handled in the Superior Court.

The jail arrest of a probation offender. According to, "At any time within the period of probation, the court or any judge may issue a warrant for the arrest of a person charged with being guilty of the violation of any condition or may issue a notice for him to appear in response to the claim." In case the probation officer believes that the condition has been breached, he/she can either contact the police officer, resulting in immediate arrest, organize the arrest or hire another officer to perform this task.

When there are two essential circumstances preventing the officer from taking the decision, i.e. when probation officers believe that serious firearm offenses were committed by the probation offender or that his/her serious firearm conviction took place during the probation sentence.

Clause describes the following legal aspects of arresting a probation violator:

(a) Arrest and bail. Warrant, notice to appear, or warrantless arrest by a probation officer, "except as stated in paragraph e of this section, the provisions dealing with the release on bail of persons accused of crimes are applicable to ALL defendants arrested under the provisions of this section;

(b) the pre-trial release terms. At the time of the production of the defendant at the tribunal for the hearings, the court should analyze the legal terms that need to be complied with and also the facts that should be presented in court. If there are no other instructions provided by the court under, the defendant is supervised by CSSD in accordance with;

(c) The hearing. The defendant should appear in court without unnecessary delay; he/she should be informed about the accusation, and his/her right for legal assistance should also become known.

(d) Disposition. In cases where the violation involves a major gun charge or if the individual is a significant gun violator, the court must revoke the probation. In all other situations, the court can either maintain the probation or alter or change any of the terms to the extent stated in. When the court revokes the probation, it can either impose the sentence originally decided or some lesser sentence. The court must use the complete record of the case to decide to revoke the probation and the prosecution must provide credible evidence against the individual "to the preponderance of the evidence must support the violation."

(e) Major gun violations. The regular bail rules will apply but will create a presumption that the individual is dangerous.

What Bail on a Violation of Probation Looks Like

Since refers to the standard bail rules, the procedure remains the same as for any other arrest:

The police release interview. According to, the arrested individual is informed about his/her right to have an interview related to the terms of the release. Unless he/she chooses to waive the right, the officer conducts the interview and lets the individual go on the basis of their promise to come to court or on a bond that they set at their discretion.
The bail commissioner. If the individual does not post a bail, the officer must notify the bail commissioner regarding the case and allow them to determine the bail amount unconcerned about any costs for the family. In contrast to what many violation of probation websites claim, this does not apply to cases of breaking probation.
Presentment. Individuals who are still not released must be brought before the Superior Court of the given jurisdiction in a timely manner. Besides that, specifies that the accused must appear before the court without delay.
The court's rules. As stated in, the judge sets the first form of bail that may guarantee attendance in court legally since this is the required order of bail provision.
Old conditions can come back as release conditions. Under the court may require compliance with the existing probation conditions as a condition of pretrial release, on top of anything imposed under - and CSSD supervises that release unless the court directs otherwise.
One exception to the rule. As stated in, the law applies to serious firearm offenders, allowing for a presumption of danger.

The figure nobody wants to learn

Please be informed that we do not provide the bail amounts for probation breaking cases, as there is no official table. Those who claim that the amounts of bail apply to different types of cases are not providing accurate information and do not go by the amount set in.

The Violation of Probation Process

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Violation report and warrant The person in charge of monitoring the probation violation starts documenting all the inconsistencies. Depending on the nature of the violation, the process may proceed by court warrant or notice to appear or by a probation officer making an arrest in accordance to. When a probation officer makes an arrest without an arrest warrant, the written document provided together with the defendant serves as an adequate warrant, and in this instance, the officer must immediately inform the court.
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Arrest and detention The warrant authorises officers to return the defendant to the custody of the court or to a suitable detention facility the court designates. Where a probation officer arrests without a warrant, the written statement delivered with the defendant is sufficient warrant for detention, and the officer must notify the court immediately.
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Release conditions prior to court The standard rules still apply: the interview must take place, and an officer may post a bond or give a written guarantee, while a bail commissioner deals with free bail under. Before concluding that a bond is the only option available, make sure that the interview has actually taken place.
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Arraignment in respect of the charge of violation The court evaluates the previously set conditions, which can now be provided for as the pretrial release conditions according to, in addition to setting new release conditions under. Here is where a defence attorney earns his salary, and where the 120-day deadline under starts to run.
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Call (860) 818-7078, if a bond has been set Let us know which court has made the decision, which institution is involved, and what was the bond amount. In addition to that we will inform you when bail is not the cheapest option available, as in accordance with, the family may pay the amount in cash to the clerk, or pledge real property whose equity would correspond to the bond.
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Hearing on the violation During the hearing on violation in addition to being able to cross-examine the witnesses and submit the evidence, the defendant needs to keep in mind that a conviction cannot be achieved without reliable proof that meets the preponderance of the evidence test. The court will then need to make a decision concerning one of the four possible options. If it decides to revoke probation, it will either sentence the defendant to jail or impose a lesser sanction.

The Conditions Violated by the Defendants

Any condition imposed by a court in Connecticut is described in. Therefore once a precise number is determined, we can understand the condition and its meaning better than doing only guesswork with regard to bail.

Condition	Source	Meaning for violation hearings
No criminal activity	avoid any breaking the law in the USA or in any state	The new case and violation are completely separate processes which can also have different release conditions. Acquittal, when finally obtained, cannot change a violation.
Treatment	to undergo treatment and stay in a healthcare institution	Non-compliance with this condition will often result in a modified condition or even an extension of probation.
Employment, study, training	to have a regular job and/or study	The available records will be evaluated by the court.
Restitution	amount affordable for the defendant	The court takes affordability as an essential part of the condition.
EMGS / GPS	electronical monitoring	It may happen that the device can provide proof required by the court.
Community service	hours spent on community service	This activity should be accounted for by the CSSD.
Placed in one of the communities		Leaving a placement would be regarded rather seriously but will still be considered as one of the four decisions under.
Bond for complying with the conditions	posting a bond for compliance with conditions.	Rarely used, but it exists - and it is a different instrument from a bail bond.

The duration of probation is described in: the maximum period is five years in a case of a class B felony, three years in cases of class C, D, or E felony or of any unclassified felony, two years for class A misdemeanors, and one year for class B, C, and D misdemeanors. At the same time, the court cannot override the maximum duration mentioned above when extending probation during a violation hearing.

FAQ: Probation Violation Bail in Connecticut.

Can I post bail for a probation violation in Connecticut?

Yes, in accordance with all general rules. states that provisions for bail apply which rules for provisions for release from custody (meaning that steps outlined in will be put in place to conduct most relevant interviews). However, it is worth mentioning that a judge cannot prevent sureties from posting bonds.

What penalties are possible towards a defendant in a violation case?

According to, the court will have to bring its judgments against a convict in the original case, taking into account the defendant's sentence after the first sentence. The court can choose to either keep the probation going, amend or increase the terms, or elongate the duration of the probation within the limits provided in. Revocation is obligatory in one case: if the defendant has committed a serious firearms offense or is a serious firearms offender.

What does the state need to prove in the hearing for a violation?

The violation must be proved by convincing and substantial evidence by a balance of probabilities, and revocation cannot be ordered except after the court has considered the entire evidence. The defendant at the hearing has to be explained what the violation is, what their rights to hire a lawyer and public defender are, and what the procedures for presenting evidence.

How long can a violation charge take?

Unless there are special grounds, the charge must be resolved or prepared for a hearing within 120 days from then the defendant was arraigned - within 60 days in case the defendant is a serious firearms offender or has committed a serious firearms offense while on a felony probation. Make sure to check the precise date in court when the defendant is charged.

Can a probation officer detain a defendant without an arrest warrant?

Yes. allows a probation officer to arrest a probationer straight away without waiting for an arrest warrant or ask another officer with the right to arrest doing something for him by handing a note stating that it was violated. Given to the defendant when he is taken to the correctional place, this is enough to allow for arrest even without an arrest warrant. A probation officer is supposed to inform the court about the detention immediately.

What is the procedure for a pretrial release when the defendant violates probation?

states that the court reviews the conditions of the pretrial release and might give the defendant new pretrial release conditions in addition to the existing pretrial ones that the defendant is complying with. Unless otherwise stated by the court in, the defendant will be supervised by the Court Support Services Division in accordance with.

What is the difference between a probation violation and a parole violation?

Probation is not the same thing as parole, so the two processes are different. The probation is administered by the Court Support Services Division, while parole is granted by the Board of Pardons and Paroles. Thus, a bail bonds program could be related to the probation, but not to parole.