Accused of Violating Your Probation? We’re Here to Help
Probation is typically part of a sentence after a criminal conviction. It allows an offender to avoid all or part of their incarceration.
Some defendants can even avoid time in jail entirely. They can live at home and keep working while on probation. Other defendants are released from jail and serve the remainder of their sentence on probation.
There are always conditions to an offender’s probation. The exact rules depend on the specific case and the defendant’s history. If you violate these conditions, you could face new charges on top of your original sentence.
We can answer your questions about probation in Indianapolis, and help you understand your rights and responsibilities. Hessler Law is ready to defend you.
Common Probation Requirements & Violations
Probation doesn’t remove responsibility from a convicted offender. It does let them live their live as close to normal as possible without punishing them too harshly. It’s regulated, and violating those rules could end poorly for you.
Requirements of Probation in Indiana
Probation is an agreement between the justice system and an offender. The conditions set by the court must be followed. Conditions vary case by case, depending on the offense and the defendant’s criminal history.
Some conditions include:
- Routine or random drug screenings
- Paying drug testing fees
- Reporting to a probation officer
- Revoking the right to own a firearm
- Paying restitutions to the crime’s victims
- Taking substance abuse classes or under going treatment
- Anger management classes
- No contact orders for the victims or certain people
Common Probation Violations in Indiana
You can be punished for violating any of the terms of your probation, but certain violations are commonly discovered by the state, including:
- Leaving the state without approval
- Not informing your employer when required to do so
- Not paying all of your fees or restitution
- Refusing to take or failing a drug test
- Refusing to participate in or failing to complete a required class
- Failing to report in to the probation officer
- Getting arrested for a new crime
What if I’m Accused of Violating My Probation?
If your probation officer believes you’ve violated the terms of your parole, they will file paperwork with the court. The court then sets a hearing and a warrant may be issued. You can be arrested on a “no bond” hold and kept in jail until the initial hearing.
You may also be offered bail in order to not remain jailed prior to your hearing but to secure your attendance in court. Or if the court finds it appropriate, you may merely receive a summons to appear in court.
You and your probation attorney will go before the court for an initial hearing on the alleged violations. At the hearing you will be explained the allegations, the burden of proof for the state, and your rights. You can admit or deny the allegations, and the court may determine if you need to be taken into custody.
What If I Admit to the Violation?
If you admit to the violation, your lawyer and the attorney for Indiana will negotiate a fair penalty that the judge can approve or deny.
You need to have a reliable Indianapolis criminal defense lawyer with you during these proceedings. A prosecutor may seek a harsh penalty for a minor probation violation. You need your attorney to fight for your rights and seek to minimize the consequences of a violation.
Who Decides My Punishment for a Probation Violation?
Despite what your attorney negotiates with the state, the judge has the ultimate authority to determine your punishment. The judge can deny any recommendation for punishment and give a final order stating the penalty for the violation.
Typical punishments include community service, additional probationary terms, an extension of the probationary period, or revocation of your probation.
It’s important to remember that minor violations or honest mistakes may lead to minor punishments, but serious violations could send you to jail. Your Indiana defense attorney can help get you the best possible outcome.
Can I Contest an Alleged Probation Violation?
You do not have to plead guilty to a probation violation. You can deny the allegations. If you do, a contested hearing will be scheduled.
The burden of proof for the state in this situation is not as high as during a criminal trial. The standard is based upon the preponderance of the evidence, which means the state only has to prove that it was more likely than not that you committed the violation.
This hearing is not the same as a trial in front of a jury, though both sides will present their case to the judge. The state will offer up evidence that it is likely that you violated one or more terms of your probation.
Why Do I Need an Indianapolis Probation Violation Defense Lawyer?
If you’ve been accused of committing another crime or are worried about going to jail, you might feel scared or upset. Your lawyer will defend your rights and work to avoid the worst possible outcomes.
Your Indiana probation violation defense attorney will show the holes or missing evidence in the state’s case. They can also provide evidence showing that you followed the terms of your probation. Your attorney may be able to negotiate with the prosecution to reach a deal before going in front of the judge.
Your attorney is on your side, fighting for you. When you’re looking for a probation violation defense lawyer, you should find one who is experienced in Indianapolis and the surrounding area. The ideal attorney will listen to you and your needs.
Hessler Law is here for you.
Your Indianapolis Probation Violation Attorney
Probation violations need to be taken just as seriously as allegations of committing a crime. You wouldn’t head into court after being charged with theft or assault without an experienced criminal defense attorney and you shouldn’t head into a hearing for a probation violation without legal counsel. Your attorney is there to protect your rights and ensure that if you are found guilty of a violation, the punishment fits the situation.
The attorneys at Hessler Law understand how difficult it can be to adhere to strict requirements of probation. Maybe you missed a check in with your probation officer because something important came up. Maybe you weren’t able to complete your community service hours within the required amount of time. The lawyers at Hessler Law understand that life happens and people make mistakes. You shouldn’t be sent back to jail for it.
If you’ve been arrested or issued a summons for a probation violation, call the Indianapolis probation violation attorneys with Hessler Law at (317) 886-8800 to figure out what to do next.