It is highly unlikely for anyone to get released from jail before their final probation revocation hearing. It is not just a matter of resolving any warrants, detainers, or other holds that may be in place. Nor is it just a matter of posting bail in any open criminal case. Posting bail will have no effect on the VOP (violation of probation) hold.
In order to get released from jail before a final probation revocation hearing, the probation agent would need to agree to it, which is unlikely since the probation agent is trying to revoke the person in the first place.
Sometimes there is a need for a preliminary hearing in a probation revocation case. If one is held, a DOC magistrate would decide whether release was possible before the final probation revocation hearing.
This decision to release from jail a person waiting for a final probation revocation hearing requires the magistrate to find all of the following true:
- this person is NOT believed to be dangerous,
- there is NO likelihood this person will flee,
- this person is NOT likely to engage in criminal behavior before the revocation hearing takes place,
- this person is NOT likely to violate the rules and conditions of supervision, and
- the length of the term to be served upon revocation is NOT great.
The DOC magistrate is merely another DOC probation agent, sometimes even from the same office as the assigned probation agent. Because of this, it is very unlikely the magistrate would go against the original decision of the probation agent.
Unfortunately, a person on probation hold waiting for their final probation revocation hearing is not eligible for Huber or work release either.
All of these things would have to happen in order for a person on probation to be released from jail before the final probation revocation hearing takes place.
