Articles Posted in Probation Violations

Legal%2BDefendersWhat is Source of Funds or Source of Bail Mean?

When you are charged with a felony, you will have a Bond Hearing.  At the Bond Hearing the judge will determine the amount of money that needs to be posted in order for you to be released from jail while your case is pending.  But in addition to setting the amount of money that needs to be posted, the judge can also set additional conditions that will apply to your bond.  Normally, a “D” Bond will be set which will require that only 10% of the bond amount be posted in cash.  The Judge can set other conditions, such as home confinement, surrender your passport, that you check in periodically with a probation officer or that you not have any contact with a witness.  When it comes to cases involving large amounts of illegal drugs, the state will often request that you prove Source of Funds or Source of Bail.  This will happen when the state, or prosecutor, believes that you are involved in criminal activity and that the only way the bond money can be posted is if money came from illegal criminal activity.  While the rationale may be true, most of the time this is not the case.  But when the state requests that a Source of Funds or Source of Bail hearing be conducted, this means that before the bond is posted, the Court must hold a hearing and allow the bond to be posted.  Without permission from the court, the bond cannot be posted.

What Happens When a Source of Funds or Source of Bail is Required?

ScholarDrug and TASC probation is a special kind of probation because the law allows you to avoid a criminal conviction and eventually expunge your arrest record. It is one of the few ways to avoid going to jail and avoiding a permanent criminal conviction.

Under “regular” probation, a felony conviction stays on your record forever unless the Governor issues a pardon – not very common.  Understanding the differences between drug, TASC and regular probation is important because it can mean the difference between having a clean record or being permanently labeled a convicted felon.

A further distinction is also necessary between drug probation and TASC probation.  For drug probation, you have be charged with possessing illegal drugs.  For TASC probation, the charge does not have to be drug related, but rather, have to elect to be treated as a person with a drug problem.   For example, if you are charged with Residential Burglary, you would not be eligible for drug probation or regular probation, but may be eligible for TASC probation.