After a probation sentence, you or a loved one have already received punishment for an alleged criminal offense by being found guilty in Indiana courts. But, while serving your punishment, you may discover that you might have violated or are at risk of violating your probation conditions, which may include common probation violations or technical violations. This unfortunate, all-too-common circumstance happens to good men and women across Indiana who are just trying to honestly and dutifully serve their probation or community corrections sentences under strict local supervision.
Why You Should Choose Wruble Law LLC for Probation Violation Allegations
Luckily, an Indianapolis probation violation attorney from Wruble Law LLC is ready to stand up for you after being accused of an alleged violation of your probation. Our lead attorney, Stan Wruble, is a thought leader in the legal defense community, often asked to provide consultations on challenging criminal charges, new criminal offense allegations and complex supervision issues, from across the United States.
So reach out to the law team with some of the highest client satisfaction in the state of Indiana. Call (317)-308-8584 to receive your free consultation, no-obligations. After learning the details of your case and establishing an attorney-client relationship, our Indianapolis criminal lawyer will give you our honest opinion and advice for your next steps and legal representation, including how to present evidence and prepare for an evidentiary hearing where you can cross-examine witnesses.
Understanding Probation And Probation Violations In Indiana
Probation is generally an alternative sentencing option for misdemeanors and some felony crimes in Indiana and is overseen by the probation department as part of court sentences. As probation is a sentence given to someone instead of being incarcerated for a crime, there are numerous demanding conditions an individual must uphold during the probationary period to avoid incarceration in jail or prison, as stated from our Indianapolis probation violation defense lawyer.
Common violations of probation conditions can lead to a prison term if the court revokes probation. Indiana law provides due-process protections in probation-revocation proceedings, where the State must prove a violation by a preponderance of the evidence.
As dictated by Indiana Code 35-38-2-1, the court (after placing someone on probation) must “specify in the record the conditions of the probation.” Not meeting those conditions is when a probation violation occurs. When someone violates probation, that means an individual does not follow the requirements set by the judge for their probation sentence and may face a probation violation hearing or probation revocation hearing.
As probation conditions are determined on a case-by-case basis, there aren’t specific conditions required by statute. However, probation conditions generally must relate to the probationer’s rehabilitation and certain violations involving certain crimes may be classified as a substantive violation.
Fairly common probation conditions in Indiana include the following:
- Obeying the law and avoiding a new arrest or new crime
- Meeting with a probation officer for a weekly visit
- Paying fees or restitution to those harmed (if applicable)
- Participating in complete community service and community corrections
- Participating in regular drug and alcohol tests including avoiding the drug test testing positive
- Maintaining employment or school attendance
- Not owning illegal drugs or illegally-obtained firearms and attending treatment programs
- Avoiding breaking curfew, home detention, home confinement, home visits, or use of an ankle monitor
These legal safeguards highlight the importance of consulting an experienced probation violation attorney to navigate the complexities of probation and avoid prison time.
What Are The Potential Punishments For A Probation Violation?
As the core concept of probation is that an individual does not go to jail for their crime, the most common outcome for violating probation, including misdemeanor probation, is becoming incarcerated if the court finds you guilty and facing jail time in a county jail or prison.
Typically, when a person is accused of violating their probation, the original sentence will be enforced, along with any additional penalties imposed for criminal trial proceedings tied to criminal charges for new offenses committed during the probation period.
Get In Touch With An Indianapolis Probation Violation Attorney Today
If you’re accused of violating your probation, we know that it can be frightening or scary due to the serious consequences involved. The prospect of now having to serve time up to one year, or longer, sometimes without the option to be released from prison early, in addition to the many other potential punishments added to your sentence, can be daunting. That’s why Stan Wruble and the Indianapolis probation violation lawyer team from the Wruble Law team are committed to providing you with balanced and level-headed legal advice during your time of need.
At Wruble Law, we’re always passionately defending the rights of our clients who face probation violation hearing proceedings and risk having the court revoke probation. As one of Indianapolis’ top defense teams with local court experience, we’ll work towards a satisfactory result in your Indiana probation violation case and help you avoid incarceration whenever possible by proving innocence beyond a reasonable doubt and ensuring all procedural protections are upheld.
So get in touch with one of the most successful criminal defense firms in Indiana. Call (317)-308-8584 to request your free consultation with an experienced lawyer today.