The Right to Bail in Probation Revocation Proceedings

When a person is convicted of a DUI there is usually a period of probation that typically associated with the case.  Should the defendant ever violate probation the question becomes whether bail can be posted to avoid a remand to jail. Although there are no state appellate cases that have addressed the probationer’s right to release from custody pending a revocation hearing, the United States Court of Appeals has held that the Eighth Amendment does not guarantee a right to bail pending revocation of probation. Indeed, case law in California has established that parolees have no constitutional right to bail pending parole revocation hearing. However, judges routinely release probationers on their own recognizance or bail. A Kern County DUI Attorney should be consulted whenever a person is facing a violation of probation.

In determining whether to grant or deny a probationer’s request for release on bail pending the revocation hearing, the court must consider the protection of the public, the safety of the victim and the victim’s family, the seriousness of the charges constituting the basis for revocation, efforts by the probationer toward rehabilitation, the probationer’s previous criminal record, and the probability that the probationer will appear at the revocation hearing.

4 Responses to The Right to Bail in Probation Revocation Proceedings

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