Violating probation is a serious action, that should never be taken lightly. Fortunately, an experienced probation violation attorney in Indiana can help you avoid harsh penalties and get your life back on track.
A 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
Need An Indiana Probation Violation Lawyer? (317) 458-9911
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.
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What Is Probation Violation?
“Probation violation” refers to the act of knowingly and willfully breaking the terms of your probation agreement. Probation may be violated in several different ways, depending on the terms of your probation.
Types of Probation Violations
- Failing to appear at a scheduled court proceeding
- Failing to report to your designated probation officer at the scheduled time and place
- Failing to pay restitutions or fines that were ordered by the court
- Being in possession of, or using, or selling illegal drugs
- Committing another crime while on probation
- Getting arrested, even if there were no criminal charges
- Violating restraining orders
- Leaving the state or traveling outside the designated probation area without permission
- Being too close in proximity to protected individuals or places that are specifically designated in your probation agreement
How Many Times Can You Violate Probation?
There is no set number of times that you can get away with violating your probation. In most cases it will be up to the discretion of your probation officer whether they report the violation to the judge or not. If the violation was minor and it was your first violation, they may not report it to the judge and you may get off with a warning. However, if you continue to violate your probation or if you violate it in a serious manner, you may have your probation revoked altogether.
What Happens If You Violate Probation?
Violation of your probation agreement may not automatically result in jail time. Sometimes you may be assigned a different consequence, depending on the nature of your violation. If you violate your probation and your probation officer decides to report the violation to the judge, you will have to appear in court for a probation hearing, if you are found guilty of the violation, you will be sentenced.
- Revoked probation
- More jail time or being returned to prison
- Longer probation period
- Increased penalty for the original offense
- Revoked bond for future arrests
- Required to wear an ankle monitor
- More frequent testing for drug and alcohol abuse
- Required to attend additional counseling or rehabilitation classes
Can a Probation Violation Be Dismissed?
The best way to beat a probation violation or get your violation dismissed is to hire an attorney to represent you in your probation hearing. Your probation violation attorney can fight on your behalf if you were unaware that you were violating your probation with your actions, or if you unintentionally violated your probation agreement. By Indiana law, the prosecution must be able to prove that you violated your probation “by a preponderance of the evidence.”
How to Clear a Probation Violation Warrant
A probation violation warrant is a warrant for your arrest that can be issued when you violate your probation, or if the judge believes there is a risk you could flee the state. The best way to clear a probation violation warrant is to turn yourself in and receive a scheduled court date for your hearing. Once your hearing is held and the issue is resolved your warrant will be cleared.
In some cases, if the violation was minor, the judge may also allow you to get out on bail until your hearing.
If you are facing charges for violating your probation, you need the help of a skilled probation violation lawyer in Indiana. Call Attorney Williams today at (317) 458-9911 for a free initial consultation.
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Based on the seriousness and type of probation violation, the penalties you face can vary widely. But no matter the sentence, violating the terms of your probation can hinder your ability to move forward from the original crime.
At the Law Office of B.D. Williams, we are committed to helping you avoid additional penalties and complete probation in order to get your life back to normal. With more than two decades of experience, our Indianapolis probation violation lawyer understands what it takes to protect your rights, freedom, and future. We can assess your case, figure out all your legal options, and get the best possible result in court.
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“Mr. Williams is professional and well-versed in his occupation. I am always fearful when dealing with the law. However, Brian D Williams handled my case with no problem.”Janet H.