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Indiana Probation Violation: What is probation?
The reason for probation is so the convicted offender has a period of supervision by the State through its probation officers to ensure that he or she is rehabilitated and/or does not continue to commit crimes. An offender may be placed on probation instead of serving all or part of a jail or prison sentence.
What happens if a defendant violates probation?
When a probation violation occurs, probation officers have some discretion to determine an appropriate punishment or consequence. If the violation is minor, you may receive a warning, be required to attend more meetings or check-ins with your probation officer, or be given some additional restrictions on probation. However, if the violation is more severe, or repetitive, a probation officer may refer it to the judge by filing a Violation of Probation and asking for a hearing in order to issue a proper punishment for the violation, which could include revoking probation and ordering you to jail for a time or duration of the sentence. A judge may only revoke your probation and send you to jail if probation proves that you, in fact, violated probation.
What happens if a petition for probation violation is filed?
So what happens when a violation has been filed by your probation officer with the court? Typically, the court sets a hearing to discuss the violation(s) that has/have been charged, a warrant is issued, and sometimes a “no bond hold” is requested if the court and the State of Indiana see fit. Once you are brought before the judge, the court, much like in a criminal case, will have an initial hearing on the alleged violations, and at that hearing the judge will discuss the potential penalties, whether you will be taken into custody as a result, and the standard of proof for the State to prevail. You will be asked if you understand your rights and the ramifications of an admission, and then you will either admit or deny the allegations.
Probation Violation Attorneys
Here at Vanderpool Law Firm we have probation violation attorneys that can help you fight your violation allegations, assert your rights, and avoid the consequences of a probation violation. Our attorneys are well versed in reviewing the violation and seeking a resolution that fits the facts of the case. We have assisted numerous clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!