Probation violation occurs when an offender that was placed on probation does something that breaks the terms or conditions of the probation, In Indiana, probation is taken very seriously, and because that, when probation is violated punishment may result in significant penalties, including:
- Extended probation
- Going to jail
- Receiving all of your backup time
Based on the seriousness and type of probation violation, the penalties you face can vary widely. Violating probation is a serious action, that should never be taken lightly. If you need an Indiana probation violation attorney, call us now at 317-500-4857.
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What is Probation?
Probation is a sentence imposed by the court as a jail or prison alternative. As part of a probation sentence, an offender is released either to a home, an approved residence, half way house or residential treatment facility. As a condition of release, the offender agrees to abide by certain rules and follow specific guidelines. These guidelines are traditionally referred to as the “conditions of probation.” Based on the conviction or plea agreement, the terms of probation can vary greatly. The most common conditions of probation:
- Reporting monthly to a probation officer
- Payment of Court Costs and Restitution
- Drug Treatment
- Mental Health Counseling
- Community Service
- You must not associate with any convicted felon
- You must not commit any new crimes
- You must report any interaction with law enforcement
- You may not change your residence or leave the county without written permission from your probation officer.
If you are sentenced to probation, fortunately, you are allowed to continue to live in the community, as long as you follow the conditions and requirements of your probation. You will be closely supervised by a probation officer, who is tasked to make sure you follow the conditions of your probation. It’s best that during your period of probation, you follow every stipulation as well as keep open communication with your probation officer.
Failing to report a change of address is a violation, which may result in a revocation of probation.
What Happens If You Violate Probation?
If you violate any terms of your probation, your punishment will depend on the severity and type of condition violated. Your probation officer will start by deciding whether to issue a warning you or whether they should file a Notice of Violation of Probation (VOP) with the Clerk of the Court. The probation violation requires that you appear in court for a hearing to determine a penalty, which may include jail time. The Violation of Probation notice will be mailed to your last known address, which is why it is imperative that you maintain a correct address with the Probation Department. The judge will not hesitate to issue a capias arrest warrant If you fail to appear in court at the assigned time and date.
What Are the Types of Probation Violations?
There are two types of probation violations. The types of violations are as follows:
- Technical probation violation
- New offense probation violation
A technical violation of probation is when any condition of probation or parole has been violated. An example of a technical probation violation would be failure to attend required counseling, failure to pay restitution, or failure to attend required meetings with the probation officer.
A new offense probation violation is when a violation involves a new crime, it is a nontechnical or new offense violation.
What Happens During Your Probation Violation Court Hearing
During your court hearing, a judge will hear your case to consider whether you violated your probation. The determination is made based on whether there is a preponderance of evidence that shows the likelihood of a violation is more than 50 percent. The judge may consider factors such as the type and seriousness of the violation, whether you had prior probation violations, and whether there were other aggravating or mitigating circumstances that caused the violation.
What Are Your Rights With a Probation Violation?
Anyone faced with probation violation charges should know their legal rights and have the help of an experienced probation attorney to avoid additional penalties and consequences.
You have the right to:
- Receive notice of the claimed violations in writing,
- Be heard by a neutral judge in court,
- Be represented by an attorney
- Present evidence to support your case.
What Happens if You Are Found Guilty of Probation Violation?
If you are found guilty of probation violation, the judge may set a bond, and you still will face further sentencing. Your sentence can include extending the time or increasing the terms of your probation with conditions such as:
- Community service,
- Attend AA/NA meetings
Furthermore, you may be sentenced to a time period in jail or you may have your probation revoked and will be required to serve out the remaining time of your original sentence in prison.
It’s Time to Contact an Indiana Probation Violation Attorney
If you or a loved one has been accused of an Indiana violation of probation, its time to hire the best probation defense attorney that you can find. You need an attorney that will examine the facts, individuals involved, and whatever evidence is available for your particular situation. At the Law Office of B.D. Williams, Esq., our goal is to work with our clients to come up with an effective criminal probation violation defense strategy to minimize any impact of the probation violation. Call us at 317-500-4857 or email firstname.lastname@example.org today.