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Probation Violation in Indiana
The terms of your probation can allow for you to carry on with your life outside of jail while still being under the supervision of the state. Since probation is part of your punishment for a crime, Indiana law takes probation violations seriously. There are many different ways you can violate probation, and you can face harsh punishment in this situation. Thus, it’s essential to have a skilled probation violation lawyer working to keep you out of jail if you have been arrested on allegations of not meeting your requirements.
The probation violation attorneys at GDS Law Group understand how serious this situation can be, and we know how important it is to successfully end any prosecution regarding an allegation that you failed to meet the terms of your probation.
Indiana Code 35-38-2 establishes the significant authority that the state courts have in regards to your probation. The Indiana probation laws allow a lot of flexibility for the court in creating the terms as well as determining if you should receive further punishments due to a violation. If you have been arrested, you will have the opportunity to attend your hearing and challenge the allegations against you before your probation revocation is ordered. These hearings are crucial in determining if you will be subjected to further legal action. Having a knowledgeable Indiana probation violation attorney can help you navigate every part of this complicated legal process.
Do not hesitate to call your lawyer after being arrested or accused of violating the terms of your probation. A skilled criminal defense lawyer can help keep you from harsh punishments including jail time. To speak with an experienced attorney, contact GDS Law Group today at for a free and confidential consultation.
Being Accused Of Violating Your Probation
Indiana law allows for swift action to be taken if you are considered to have violated the terms of your probation. It’s possible to be arrested by police after a warrant has been issued for your arrest due to a suspected probation violation, or law enforcement can detain you if they have probable cause that you committed a crime. If you are suspected of a misdemeanor probation violation, your probation officer will have considerable flexibility in determining what should happen to you. Their authority allows them to add to your probation requirements, and this can mean many things, such as more community service, enhanced drug testing, or expanded counseling.
Your probation officer also can go further and report your suspected violation to the court. This is common if you are suspected of a felony probation violation. Furthermore, you will likely land in court directly after an arrest, even if your accused actions would constitute a first probation violation. You can violate your probation by not following your probation requirements, or by having broken the law in the commission of another crime. A probation violation in Indiana can happen as a result of many things, such as:
- Being arrested or convicted of another offense
- Failing a probation drug test administered by police or your probation officer
- Failing to check in with your officer, or failing to attend required rehabilitation or counseling
- Leaving the jurisdiction of your probation without adequately seeking permission
- Violating curfew
- Breaching your home confinement requirement
- Failing to pay necessary fees or appropriately request payment assistance
Punishments You Can Face For An Indiana Probation Violation
The state of Indiana considers probation to be a generous process for those convicted of a crime. After all, your probation can allow you to complete some or all of your punishment outside of jail. The courts generally share this mindset, and it leads to many harsh penalties for those who violate their probation. Consequences of a felony probation violation can completely change your life. Furthermore, it’s important to understand that your probation officer and the court have a lot of flexibility when determining how to punish you if you are considered to have run afoul of your previous probation requirements.
Of the many punishments that are commonly given to those who violate probation in Indiana, some include:
- Added jail or longer probation for your previous sentence
- A return to prison for the remainder of your probation
- The punishment for your original offense can be upgraded to the maximum penalty
- You may no longer be able to post bond in the future for an arrest
- You can be required to begin new counseling or drug rehabilitation
- Your required substance abuse tests, or check-in requirements, can be more frequent
- You may have to wear an ankle monitor if you are allowed to remain out of jail
Winning Your Probation Violation Hearing
Being arrested can be stressful in any situation, but it’s understandable for anyone on probation to be very concerned. Your punishment can be harsh, and it can affect you for the rest of your life. While minor violations can result in a little more community service or more frequent check-ins with your probation officer, being accused of a severe violation will allow a court to hand down harsh consequences. A hearing for a probation offense may seem like a normal criminal court proceeding, but there are some critical differences. Unlike normal criminal trials, there is a lower standard that the prosecutor must meet to find you guilty of violating your probation. You can also be required to testify against yourself. These rules are allowed since you have previously been convicted of the crime, and your constitutional trial rights do not extend to probation issues that deal with how your punishment may be altered.
It’s essential to have a defense attorney who understands how probation hearings are held in Indiana and how the court will review the facts of your case. A skilled probation violation lawyer will counter any questionable arguments that the prosecutor puts forth, while also seeking to inform the court why any new punishment should be lenient and allow for you to exit the probation system before too long. Your lawyer can take one or both of the following approaches to your case:
- Argue that you did not violate your probation – You have the right to have your lawyer speak in your defense at your probation hearing, and your lawyer can argue that you were not in violation of your probation. Evidence, such as witness testimony and police reports, can be brought forth in your defense.
- If you did violate your probation, your punishment should be lenient – If it cannot be denied that you failed to comply with your probation fully, the court will have a lot of discretion in how to punish you. Your lawyer must argue that a harsh punishment will do more harm than good, wasting state resources while also derailing the progress that you have made to improve your life and role in the community.
GDS Law Group Can Help Your Defense After A Probation Arrest
The Indiana courts can be harsh on those who are considered to have violated the rules of their probation. You can be sent back to prison or given a longer sentence. Furthermore, probation violations can make it much more difficult to expunge your record in the future. It’s essential to hire an experienced probation violation lawyer who knows how the system works and how you can mount a successful defense. Do not delay to seek legal help after an arrest.
If you or a loved one has been arrested for a probation violation, call GDS Law Group to speak with a skilled defense attorney. Our team has years of experience helping clients, and we know how important a successful outcome is to you and your future. Contact us today at for a free, initial consultation.