Indiana Lawyers Building A Probation Violations Defense You Can Depend On
If you are charged with violating your probation, the potential penalties can cost you your rights, future and freedom. Instead of representing yourself and hoping for a slap on the wrist, let an experienced and skilled criminal defense team protect you from your charges.
At Harper and Harper, LLC, we are proud to defend clients in Porter County and throughout northwest Indiana. Our attorneys know what is at stake in these cases, and we will explore all available options while seeking to secure the optimal outcome in your case.
How We Help Our Clients In Valparaiso And Surrounding Areas
Often, if you are charged with a crime, your attorney will work with the prosecutor’s office to negotiate a disposition to your case prior to trial. This is often referred to as a “pretrial disposition,” or more commonly, a “plea agreement.”
Usually, most plea agreements, depending on the offense charged, contain a stipulation that probation will be a part of the resolution of your case. This most often happens when your attorney is able to convince the prosecutor that incarceration is not warranted, but the prosecutor still demands that some form of supervision, and often counseling, be included in the terms of any plea agreement.
Most dispositions, and/or pleas, for crimes that are charged as a Level 6 Felony or greater, will likely include a stipulation that contemplates a term in either jail and/or prison. These sentences are typically “suspended,” and the jail time to which one has been sentenced will instead be served on probation.
What To Know About Probation
Whether it is unsupervised, sometimes referred to as administrative, or supervised, sometimes referred to as formal, all probation will require that you complete certain terms of the probation. These terms could include monthly appointments with your probation officer, drug tests and counseling. If you fail to complete any term of your probation, there is the possibility that your probation officer could file a motion with the court requesting that your probation be revoked for the violation and that a warrant be issued for your arrest.
Probation can allow an individual to remain free from incarceration to continue with work, family obligations and counseling, while still being under the supervision of the state. It is important to note, however, that probation is part of your punishment. When you enter your plea before the judge, remember that Indiana law takes probation violations very seriously. If your probation has allegedly been violated, it is imperative to have an experienced probation violation lawyer working to keep you out of jail.
Impacts Of Violating Probation In Indiana
Violating probation can have serious consequences. If a judge revokes your probation, they can extend the length of it, add more fines, or mandate counseling or other treatment options. In some cases, a judge may also require you to spend time in jail or even require you to serve your original sentence.
Thankfully, being found guilty of a violation isn’t necessarily the last word on the subject. After a guilty conviction, you have the right to appeal the decision by taking the matter to a higher court. You will need to file a notice of appeal within 30 days of the judgment. After this window, you will not be able to appeal the sentence.
What Constitutes A Probation Violation In Indiana?
Most people on probation want to stay out of trouble. Unfortunately, violating probation is easier than you might think. There are many actions, large and small, that violate the terms of probation, including:
- Missing curfew
- Leaving your home despite being on home confinement
- Failing a mandatory drug/alcohol test
- Missing meetings with your probation officer
- Arrest or conviction for a new criminal offense
- Going outside your jurisdiction without approval and/or without going through the proper channels to request leave
- Lack of payment of fees, fines and other costs (or failure to seek payment assistance if you cannot afford the expenses)
- Inability or failure to complete required community service
- Missing mandatory counseling sessions or treatment programs
Violations are typically classified as either “technical” or “substantive.” Technical violations relate to things like missing appointments, failure to complete requirements and failure to pay fines. Substantive violations relate to being arrested and/or charged with new crimes while on probation.
Preparing For Your Indiana Probation Violation Hearing
As noted above, being accused of violating probation is a serious matter. You need to respond to these allegations decisively and with the help of an experienced defense attorney like those at our firm.
You will be required to attend a probation violation hearing, which doesn’t afford the same protections as a regular criminal trial. First, you can be compelled to testify against yourself, which is not allowed in regular court. Second, the standard of proof for a probation violation is much lower than you might expect.
It’s important to be represented by an attorney who can protect your rights and help you craft a compelling defense. Your attorney can help you argue that you didn’t violate probation as charged or that you violated it due to honest error or for reasons outside your control. Your lawyer can also seek a more lenient punishment on your behalf. In some cases, the help of an attorney could mean the difference between jail and relative freedom.
Your Defense Starts With Contacting Our Attorneys
The attorneys of Harper and Harper, LLC, can help if you have been arrested and charged with violating your probation. Often, courts can be particularly hard on those who are considered to have violated the rules of their probation. It is possible you could be returned to jail or prison to complete your suspended sentence. Probation violations can also make it difficult to expunge your criminal record in the future.
It’s important to have an experienced probation violation lawyer working on your behalf. We can help. Call us for a free initial consultation at 219-733-8837.