Probation Violation

If you have been charged with a criminal offense in the United States, one possible sentence the court can consider is a term of probation. Probation offers a person convicted of a crime the chance to remain in the community instead of going to jail. Although probation may allow you to maintain your freedom, a significant amount of responsibility comes with living under the terms of probation.

If probationary terms are not followed, there is a risk that your probation will be revoked and your sentence will be executed. Probation violations carry serious consequences, which can include your return to prison. If you know you’ve violated a condition of probation, it is crucial to seek legal advice from our credible Indiana criminal defense attorney at Wilson & Kinsman LLC, who can protect your rights and your freedom. Contact our criminal defense law firm now and schedule an initial consultation.

Since probation is a part of your punishment for a crime, Indiana law takes probation violations seriously. Being accused of violating probation terms means that your future is in jeopardy. Therefore, it is essential to have a reliable Elkhart probation violation attorney working with you to keep you out of jail and avoid severe consequences.

At Wilson & Kinsman LLC, we have secured successful outcomes for numerous clients who faced probation violation charges and other criminal defense cases. We help probationers understand their probation conditions, defend against probation violation allegations, and prepare for probation violation proceedings. You can trust that we will do everything in our power to help you. This includes:

• Conducting a thorough investigation into the allegations of the state;
• Providing you with sound legal advice throughout your case;
• Building an effective defense strategy for your case;
• Helping you understand how the Indiana justice system works;
• Presenting evidence and arguing on your behalf at trial; and 
• Offering you honest answers to any questions you might have.

Building a solid defense takes hard work, patience, and an understanding of the laws and courts. Reach out to us now and schedule an initial consultation with our experienced criminal defense lawyers, who can secure the best possible outcome for your case.

 Probation requires you to comply with particular court-ordered rules and conditions under the supervision of a probation officer. Instead of going to jail, you can stay in the community and complete the terms of probation. The court typically orders probation as part of a plea agreement, in which you enter a plea of not guilty or nolo contendere in exchange for a lesser sentence. A knowledgeable Elkhart, IN, probation violation lawyer can help you understand how probation works.

In the state of Indiana, probation is governed by Indiana Code 35-38-2. This statute lays out the rules for probation under Indiana law. This includes probation terms, modification of probation requests, probation user fees, and probation violation allegations. Probation is common for many first offenders and juvenile criminals. If you meet all the conditions during the probation period, the court will release you from further obligations.

Although you are not in jail, being on probation has many restrictions and rules. If you violated a condition of probation, you are subject to having your probation revoked and all or part of the original suspended prison sentence imposed. A qualified probation violation attorney in Elkhart, IN, can answer any of your questions regarding the terms of your probation to ensure you fully understand your rights and responsibilities.

Probation may be violated in many different ways. Most states differentiate between rule violations (technical violations) and new offense violations (substantive violations). Circumstances that may lead to a probation violation include:

Technical Violations

An offender commits a technical violation when they disobey the supervision rules. It involves breaching the terms and conditions of probation but does not rise to the level of a new crime. Examples of technical violations include:

• leaving the state without permission;
• willfully failing to pay fines and restitution;
• missing an appointment with a probation officer;
• skipping court-ordered counseling or community service;
• testing positive for alcohol or drugs;
• visiting people or places prohibited by the terms of probation; and 
• failing to maintain employment or attend school.

Substantive Violations

A probationer commits a substantive violation by committing a new crime while on probation. For instance, if you’re on probation for vandalism when you are arrested for theft. If you are convicted of theft, you will be penalized for the theft conviction and for violating your vandalism probation by committing theft.

What are the Consequences for Probation Violation in Indiana?

If the Indiana court decides that a defendant violated their probation, it has numerous options for sentencing. The judge must decide whether to reinstate (continue) probation with or without modifications or revoke (terminate) probation and order the suspended sentence to be served. The consequences for violating probation depend on many factors—the nature of the violation, the number of prior violations, and the seriousness of the underlying offense. A trusted Elkhart probation violation lawyer can help you fight the allegations, avoid harsh penalties, and obtain a reduction or dismissal of the charges.

Probation officers have broad discretion to issue a warning or require you to appear in court for a probation violation hearing. During a probation hearing, a sentencing judge will hear your case to consider whether you violated any terms or conditions of your probation.

There are various penalties commonly given to those who violate probation in Indiana, some of which include:

• A return to prison for the remainder of your probation
• Added jail or longer probation for your previous sentence
• You can be required to begin new counseling or drug rehabilitation.
• You may no longer be able to post a bond in the future for an arrest.
• You may have to wear an ankle monitor if you are allowed to remain out of jail.
• Your required substance abuse tests, or check-in requirements, can be more frequent.
• The punishment for your original offense can be upgraded to the maximum penalty.

For those facing serious criminal charges, probation can be a favorable alternative to continued jail time and other negative punishments. If you follow the terms of your probation, you can continue to live at home and spend time with your family and friends. However, when you disregard the rules, you may get into more trouble. Probation violations must be taken as seriously as allegations of committing a crime. Your punishment can be harsh, and it could affect you for the rest of your life.

Understanding the terms and requirements of your probation is critical, as is staying in compliance with them. If you have questions or concerns about probation violations, it would be wise to discuss them with our seasoned Elkhart probation violation attorneys at Wilson & Kinsman LLC as soon as possible. Our criminal defense law firm will listen to your side of the story, thoroughly investigate the allegations against you, and develop an effective strategy that focuses on protecting your best interests. We will work closely with you and use our legal resources to help keep you out of jail. Contact our law office now to schedule an initial consultation with our top-ranking Indiana criminal defense lawyers.