Probation Violations in Indianapolis: Consequences and Defense Strategies
In Indianapolis, when a person is found guilty of a criminal offense, they may be offered probation. Probation is when you are released into the community instead of being imprisoned. Often, the court offers probation to convicted individuals when it is determined that prison time is not warranted and the convicted individual would be better served to complete probation. However, there are several conditions you must meet if the court orders probation. Failure to follow the terms of your probation could result in you being accused of probation violation. In Indiana, violating your probation can have serious consequences. When you are accused of probation violation, it is in your best interests to retain a skilled criminal defense attorney. Below, we discuss some of the ways people violate their probation, the consequences of probation violation, and defenses against probation violation accusations in Indianapolis.
Some of the Ways People Violate Their Probation in Indianapolis
The following are some of the most common ways people violate their probation in Indianapolis;
- Committing another crime or being arrested or charged with a new criminal offense
- Leaving the state without permission
- Violating electronic monitoring requirements
- Failing to submit to regular drug testing
- Testing positive for drugs or alcohol
- Failing to pay necessary fees related to your probation
- Violating curfew
As you may have noted, violating your probation does not have to entail a “serious” offense, such as committing a serious crime. It can entail any violation as long as it goes against the terms and conditions of your probation. And the truth is that even something that seems like a minor violation can cause major problems for you.
Consequences of Probation Violation
After a petition charging you with violating your probation is filed, the court is required to hold a hearing. In a probation violation case, the state is required to prove the alleged violation(s) by a preponderance of the evidence. This is a lower standard of proof than “beyond a reasonable doubt.” Preponderance of the evidence is only proof to 51%. Essentially, it is more likely than not to have occurred.
If the state is able to meet its burden of proof, the following are some of the consequences you could face;
- The court could lengthen the term of probation
- Probation could be revoked
- You could be asked to pay hefty fines
- You could be sent to jail to serve the remainder of your original sentence
- The court could order an increased frequency of alcohol or drug testing
Defenses Against Probation Violation Accusations
It is best to retain a skilled criminal defense attorney when facing probation violation accusations. An attorney can help you develop a defense strategy. The following are some of the ways you can defend yourself if you are being accused of violating your probation;
- Medical emergency: If, for example, you missed a check-in because of a medical emergency, your attorney can help you prove this and avoid penalties.
- Testing errors: If you are being accused of failing a drug or alcohol test, you have a defense if the testing machine was flawed or broken.
There are other defenses you could use in your case depending on the factors surrounding your case.
Contact a Qualified Indianapolis Criminal Defense Lawyer
Contact a qualified Indianapolis criminal defense lawyer at Rigney Law LLC if you are facing criminal charges or probation violation accusations.