Why the rule is different
The constitutional right to bail is grounded in the presumption of innocence on a pending charge. A probationer has already been convicted and sentenced; probation is a privilege granted in lieu of custody, and the question at a violation hearing is whether that privilege should continue. California authority, including In re Law, treats bail in that setting as a matter for the court's discretion rather than a right.
What a summary revocation does
- The judge summarily revokes probation, which tolls the probation period pending the hearing.
- A bench warrant issues, frequently with a no-bail notation.
- The defendant is held until the violation hearing unless the court sets an amount or releases on supervision.
If there is also a new criminal case, that case has its own scheduled bail. Posting on the new case does not release the person while the no-bail probation hold stands — this is the most common misunderstanding in this whole area.
What can actually be done
- Get defense counsel in front of the judge quickly to request that bail be set or that the hold be lifted.
- Bring the compliance record — employment, treatment enrollment, clean tests, restitution payments.
- If the violation is technical rather than a new offense, say so early; technical violations are the likeliest to end in reinstatement.
- Once the court sets an amount, we can post immediately, day or night.