How Are Conditions of Probation Set in Indiana?
Probation in Indiana is a common type of sentence for an individual who has been convicted of a criminal offense (or has pleaded guilty to a criminal offense) where the offense does not necessitate that the convicted person serve all or any of their sentence through a term of imprisonment. Instead, probation — which involves supervision of the person, as well as specific restrictions and requirements — allows a person to remain out of prison as long as they adhere to the requirements set based on their specific case. These requirements that a person on probation must meet are typically called conditions of probation under Indiana law.
Conditions of probation can involve specific requirements such as meeting with your probation officer or completing a particular type of rehabilitation, and they can also involve restrictions or limitations such as residing outside a particular area. Some conditions of probation are set by statute under IC 35-38-2-1 and 35-38-2-2, while others are determined by the court on a case-by-case basis. How should you anticipate that conditions of probation will be set in your case or in your family member’s case? Consider the following information from our Indianapolis criminal defense lawyers.
Conditions of Probation and Parole Set by the Indiana Code
Some conditions of probation or parole are set by the Indiana Code — some of these apply to anyone who is on probation, while others are specific to certain types of offenses.
Under IC 35-38-2-1 and 35-38-2-1.5, any type of probation will require certain fees be paid by the person who is on probation. These include administrative costs or fees and a user’s fee. Additional fees are assessed as requirements for individuals on probation who have been convicted of certain drug or alcohol offenses under 35-38-2-2.1. The Indiana Code also sets specific conditions for individuals on probation for particular offenses, including sex offenses, computer-related offenses, offenses involving children, and stalking offenses.
Conditions Decided by the Court on a Case-By-Case Basis
Your conditions of probation are also likely to involve some type of oversight or monitoring by a probation officer, and those conditions will be set by the court based on the details of your specific case.
Other conditions can also be included as part of your probation, which can be set by the court based on the details of your offense and the specifics of your plea agreement, for example. You must be informed of all conditions of probation so that you can meet them.
Contact Our Indianapolis Parole and Probation Lawyers Today for Assistance
Conditions of probation set boundaries for individuals in Indiana who have been convicted of criminal offenses with their particular requirements. It is important to know that conditions of probation are determined in each case, and it is essential for anyone on probation to have a clear understanding of the conditions with which they must comply. Whether you have questions or concerns about conditions of probation set for yourself or a family member, or if you need help defending against a probation violation, our firm can help. One of the experienced Indianapolis parole and probation attorneys at Rigney Law LLC can answer any questions you have today and can begin working with you on your criminal case and any issues pertaining to probation or parole. Contact our firm to learn more about how we can assist you.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/