Image of a gavel, indicating how an Indiana probation violation lawyer advocates for clients charged with probation violations.

An Indiana Probation Violation Lawyer Explains the Possible Consequences

A probation violation occurs when an individual breaks the conditions of his or her probation—like traveling across state lines or failing a mandatory drug test. If you are accused of violating the conditions of your probation, the Indiana probation violation consequences you face are serious, including extension of the length of probation or even reinstitution of some or all of the sentence that was suspended when you were granted probation. In this blog, Indiana probation violation lawyer Josiah J. Swinney explains the basics of probation conditions, violations, and related penalties.

Probation Conditions Explained by an Indiana Probation Violation Lawyer

Indiana Code § 35-38-2-2.3 lists conditions that can be imposed on defendants during probation. These conditions include but are not limited to the following, and the conditions imposed are determined by the court:

  • Maintaining a job or pursuing additional education;
  • Receiving medical, psychiatric, or rehabilitative treatment;
  • Residing in a facility for individuals on probation or being in home confinement;
  • Meeting family responsibilities, like financial support of dependents;
  • Making restitution to victims;
  • Paying fines and other fees or repayments;
  • Not possessing firearms;
  • Reporting to the parole officer as directed;
  • Allowing the parole officer to visit you at home or elsewhere;
  • Remaining in the court’s geographic jurisdiction;
  • Responding to inquiries by the court or probation officer;
  • Notifying the court or probation officer of changes in employment or residence;
  • Performing community service work; and
  • Submitting to drug testing.

The list above does not include all of the conditions that can be placed on a person on probation in Indiana. Consequently, it can be difficult for people to understand and meet the many complex conditions of their probation. Per Indiana Code § 35-38-2-3, the court may revoke probation if conditions are violated during the period of probation.

If you have been accused of a probation violation in Indiana, consult an Indiana probation violation lawyer to discuss possible defenses that may help you avoid further penalties.

Indiana Probation Violation Consequences

If you are accused of violating the terms of your probation in Indiana, you’re likely wondering what will happen next. Consequences can include:

  • Continuance of probation with or without modifications;
  • Extension of probation;
  • Revocation of probation; and
  • Reinstatement of the sentence that was suspended in favor of probation.

The lightest of the possible consequences of a probation violation in Indiana is a continuance of your current probation period. While this might seem like you’re getting off easy, this may come with modifications to your sentence to make it more severe, like a curfew.

Can My Probation Violation Be Dismissed?

While the consequences of a probation violation in Indiana can be harsh, a violation may get dismissed or thrown out. There are two ways this can happen.

Either a judge can hear the case and dismiss the violation, or the prosecutor can withdraw the allegations before the case ever goes before a judge.

Requesting dismissal of a probation violation should ideally be handled by an experienced Indiana probation violation lawyer who is familiar with Indiana probation laws and standards, conditions, and defense of alleged violations.

What If You Violate Probation Twice?

If you violate your probation more than once, the courts are likely to go pretty hard on you. Multiple probation violations are likely to result in incarceration, further signifying the need to hire an Indiana probation violation lawyer to represent you.

Your attorney may be able to argue that, despite setbacks, you’re still making progress and striving to meet the terms of your probation. If you are not guilty of the alleged violation, your lawyer can gather evidence to support your innocence and present that evidence and supporting arguments to the court.

Need an Indiana Probation Violation Lawyer? Call Camden & Meridew

Violations of your probation can mean changes to your probation or even incarceration. Don’t fight this alone.

Josiah Swinney, an Indiana probation violation lawyer at Camden & Meridew, P.C. will fight to reduce the Indiana probation violation consequences that you are facing. Call him today at 317-770-0000 or fill out this online contact form to get the help you need.