In Indiana, probation is often a part of the sentencing for first-time or low-level criminal offenses. Whether you’ve agreed to a plea deal or been found guilty at trial, probation can be a common outcome. There are different types of probation, ranging from standard formal probation, where you regularly meet with a probation officer, to non-reporting probation, which might only require periodic check-ins via phone.
What is Probation?
Probation is essentially a suspended sentence. Instead of serving time in jail, you’re allowed to remain in the community under certain conditions set by the court. These conditions might include:
– Regular contact with your probation officer
– Notification of any changes in address or phone number
– Informing your probation officer about any out-of-state travel plans
– Abstaining from drugs and alcohol
What Constitutes a Probation Violation?
A probation violation occurs when you fail to comply with the terms of your probation. This can range from failing to maintain contact with your probation officer to committing a new crime or testing positive for drugs or alcohol. When a violation is alleged, your probation officer will report it to the court.
Handling Probation Violations
If you are accused of violating your probation, there are three primary ways to resolve the situation:
- Agreement with the Probation Officer and State: You might negotiate a resolution that allows you to continue on probation.
- Judicial Hearing: You can explain to the judge why the violation occurred, and the judge will decide the appropriate consequence.
- Contested Hearing: The state must prove by a preponderance of the evidence (a lower standard than “beyond a reasonable doubt”) that you violated your probation.
Potential Outcomes of a Probation Violation
If it’s your first violation, your attorney might be able to negotiate an agreement to keep you on probation. However, repeated violations can lead to more severe consequences, such as revocation of your probation. If your probation is revoked, you could be required to serve the original suspended sentence in jail, on house arrest, or in a work release program.
Many clients ask why they might be required to serve their entire suspended sentence if they violate probation just before its end. The reason is that probation is a suspended sentence; you don’t earn good time credit while on probation. Thus, any violation, even on the last day, can result in serving the full suspended sentence.
Seek Legal Assistance
Probation violations are serious but not uncommon. If you’re facing a probation violation, it’s crucial to seek legal advice immediately. The Marc Lopez Law Firm can help navigate your options and work toward the best possible outcome. Call us at 317-632-3642, and remember—always plead the Fifth!
