A probation violation can carry some severe consequences. Every day hundreds of people find themselves in jail on a probation violation. Worse, they do so without having a lawyer with the experience and know-how to defend them at a probation violation hearing.
A probation violation is initiated by the Probation Violation filing a Notice of Probation Violation with the Court.
Some common violations are:
- Commission of a new criminal offense.
- Failure to report to probation as directed and/or absconding.
- A missed, positive, or diluted drug screen.
- Failure to comply with a Court-ordered program.
- Violating a No Contact Order.
Once the Court receives the Probation Violation, the Court can set a hearing and issue a summons for an individual to appear at a hearing, or the Court can issue an arrest warrant. If an arrest warrant is issued, the Court can hold an individual with no bond until the probation violation is resolved.
In many Indiana counties, a probation violation will have two stages. In the first stage, the Court will ask the probationer if they admit or deny the allegations. In the second stage, the Court will decide what consequences will be imposed on those who admitted to the violation or set a contested evidentiary probation hearing for those that deny the allegations.
It is insanity that many people admit to probation violations with an inexperienced attorney, or they do not even have an attorney! As a result, many soon find themselves on a bus to the Indiana Department of Corrections. Remember, even a minor violation can result in the Judge imposing a probationer’s full suspended sentence, more commonly known as backup time.
As an attorney and former Magistrate Judge, I have handled thousands and thousands of probation violations. I know first-hand how probation officers and Judges think about probation violations and what steps to take to get you the best possible outcome at a probation violation hearing.
We will vigorously represent you at your probation hearing. It is the State’s burden to prove by a preponderance of the evidence that you are in violation of your probation. Accordingly, we will evaluate the State’s ability to make the case against you and make all necessary evidentiary admissibility challenges to the State’s evidence.
If you are facing probation, everything is at stake, including your freedom. The Judge will take all probation violations seriously, and so should you.