When you’re charged with a crime in Indiana, the outcome often includes a stretch of probation. For a lot of people, that sounds like a win. It’s not jail. But probation comes with strings attached, and if you slip up, those strings can snap back hard.
At the Marc Lopez Law Firm, we handle Indiana criminal defense cases every day, and one of the most common issues we see is people getting tripped up by probation violations. Whether you’re already on probation or you’re staring down a new VOP (violation of probation), here’s what you need to know.
Formal vs. Informal Probation: What’s the Difference?
Probation isn’t one-size-fits-all. In Indiana, you might be placed on either formal or informal (non-reporting) probation.
- Formal probation is more hands-on. You’ll be assigned a probation officer, and you’ll meet with them face-to-face. These meetings are opportunities for your PO to make sure you’re following the rules, completing your sentence requirements, and staying out of trouble. Drug testing is common at these meetings.
- Informal probation might mean phone check-ins or reporting via kiosk in Marion county for example. It’s less personal, but don’t mistake that for leniency. You’re still expected to follow all the terms of your probation to the letter.
The type of probation you get often depends on the charges, the county, and the court you’re in. But regardless of how often you check in, the expectations are real and violations are taken seriously.
The Standard Conditions of Probation
If you’re placed on probation, the judge will explain your terms in open court. Once those conditions are read, you’re officially bound by them. These conditions often include:
- Staying out of legal trouble
- Maintaining contact with your probation officer
- Submitting to random drug and alcohol tests
- Holding a job or attending school
- Completing treatment or education programs
- Paying restitution or fees
Depending on your case, there may be extras like a substance abuse evaluation, a theft class, or anger management. If you’re on probation for a DUI or drug offense, expect some type of treatment component.
Under Indiana law, courts can include a wide range of conditions, including “any other terms reasonably related to the person’s rehabilitation” Indiana Code § 35-38-2-2.3(a)(15) (2025). That means if the judge thinks it’ll help keep you on track, it can be added.
One condition you can almost always count on is random drug testing. That might mean testing at every face-to-face meeting or getting a surprise text instructing you to come in immediately. Once the judge reads your probation terms at sentencing, you’re officially bound by them. And any slip, including a failed test, can trigger a violation.
What Counts as a Probation Violation?
A probation violation can be triggered by almost anything that breaks the rules the court set:
- Failing a drug test
- Missing a scheduled meeting
- Getting arrested for a new charge
- Not completing classes or treatment
- Losing contact with your PO
Violations can be technical or serious, but either one can land you back in front of a judge.
And once that notice of violation is filed, the probation department might ask for a hearing or for a warrant for your arrest. If the judge grants a warrant, you could be held without bond until your case is reviewed.
What Happens at a Violation Hearing?
Probation violation hearings aren’t criminal trials, but they still have rules. You’re entitled to legal representation, and the State has to prove you violated probation.
The burden of proof is “preponderance of the evidence,” which is a much lower standard than the “beyond a reasonable doubt” used in criminal trials. Think of it as “more likely than not.”
Under Indiana Code § 35-38-2-3(a), the court has the power to revoke your probation at any point before the end of the term, so long as the violation is reported within 45 days of being discovered, or within one year after probation ends.
What’s the Worst That Can Happen?
This is where a lot of people get caught off guard. If your probation is revoked, under Indiana Code § 35-38-2-3(h) the judge can:
- Keep you on probation (maybe with added conditions)
- Extend your probation by up to a year
- Send you to jail for all or part of your original suspended sentence
Here’s the part that hurts: You don’t earn credit time for simply being on probation. That means if you were on a one-year probation and violated on day 364, the judge can still make you serve the full year in jail.
That’s not just hypothetical, we’ve seen it happen. Because while probation is a break from jail, it’s not a free pass.
Are There Ways to Resolve a Violation Without Jail?
Yes, depending on the violation and how you respond.
If you hire an attorney quickly, you might be able to avoid a warrant altogether. Your lawyer can ask the judge to set a hearing instead of issuing a warrant, keeping you out of jail while the case is resolved.
Other options might include:
- Strict compliance agreements: You stay on probation, but there’s no more room for error.
- Additional terms: More drug testing, added treatment, or extra community service.
- House arrest or community corrections in lieu of jail.
If no agreement can be reached, you still have the right to a contested hearing. Or you can “plead open” to the judge. This means you admit the violation, explain the circumstances, and ask for leniency.
Final Thoughts: Don’t Wait for the Warrant
If you’re on probation in Indiana and think you may be violated (or especially if you’ve already received a notice) don’t wait.
The sooner you bring in a defense attorney, the better your odds of keeping your freedom. We’ve helped clients avoid incarceration, protect their jobs, and keep their lives on track, but timing matters.
If you’re dealing with a probation violation, or have questions about VOP or parole violations in Indiana, call the Marc Lopez Law Firm at 317-632-3642.
And remember: always plead the 5th.