Nearly always the best alternative to jail, fines or other consequences is a sentence that includes probation. Unfortunately, because people are so eager to sign on for probation that they neglect to truly understand the conditions of probation. Probation is no easy walk in the park. It can be extremely difficult for some individuals to live under the conditions and terms of probation. Many people enter probation only to find themselves facing charges of having violated their probation with the real possibility of having their sentence executed and being taken to jail. Contact Indianapolis, Indiana probation violation attorney, D Turner Legal, LLC at 317-721-4783 for assistance if you’ve violated probation.
An experienced Indianapolis probation violation attorney can help you to identify alternatives for a probation violation. Often, those probation violation alternatives are not options available without the assistance of a probation violation lawyer. It makes sense to hire a criminal defense attorney to be your legal advocate if you were to receive a probation violation.
A probation violation occurs when a person violates or breaks any of the terms of their probation. The consequences of violating a term of one’s probation can vary depending on a number of factors; for instance, the nature of the violation, if there were any prior violations, if there were any prior warnings issued and of course, the severity of the violation itself. A probation violation can have significant consequences such as hefty fines, jail time, extended probation and more. An Indianapolis probation violation lawyer is
How Does Probation Work
When a person is originally sentenced, a probation officer is assigned to their case. This person is responsible for keeping tabs on the offender and making sure they abide by all the terms of their probation. Offenders are expected visit with their probation officer regularly. Unfortunately, the meeting requirement is the one requirement that probationers violates the most often. When they fail to keep EVEN ONE of these appointments, the end result is a probation violation. A violation that could result in an individual going to serve a prison sentence.
Conditions of Probation Can Differ Case to Case
Each person’s individual circumstances regarding how their probation is executed is different. If a person was convicted of drunk driving, they may be required to refrain from drinking alcohol, whereas a person who is convicted of domestic violence may not be allowed to return to their family home or visit their victim. So, failing an alcohol or drug test may be an example of a probation violation, and in the second example, contacting the domestic violence victim could be considered as as probation violation.
Do You Need an Indianapolis Probation Violation Attorney?
Common examples of probation violations include
- Failing to attend a scheduled meeting with a probation officer
- Failing to appear at a scheduled court appearance
- Failing to pay required court fines or restitution to a victim
- Traveling out of state without obtaining approval from the probation officer first
- Possessing or selling illegal drugs
- Committing further crimes and getting arrested for a new offense
Types of Probation Violation
There are two types of probation violations: technical and substantive violations. A technical violation of probation is a violation of one of the conditions of probation. One common probation violation is failing to pay ordered court costs or restitution. Other technical violations include a failure to complete a court-ordered class, a failed drug test, or moving to a new residence without permission. A substantive violation of probation has occurred when the probationer commits a new crime.
What Happens After You Violate Probation
There is no one result of what happens after an offender has violated the conditions of their probation. In Indiana, county probation officers have a broad discretion when it comes to either issuing a warning for the violation, or requiring the offender to appear in court for a probation violation hearing. When deciding how to handle a probation violation, the probation officer will consider the nature of the violation, and if any prior warnings were issued by the court. If and when an offender is requested to appear in court, at that time, the probation officer will request that the individual is penalized, which could include going to jail.
Probation Violation Sentencing
At the violation sentencing hearing, the sentencing judge will decide whether or not a probation violation occurred. It’s the prosecutor’s duty to prove that a violation occurred based on a preponderance of evidence. This is when the value of an Indiana probation violation lawyer can really make a difference. An Indianapolis probation violation lawyer can play an integral part in helping the offender avoid any additional sentencing penalties. By presenting compelling evidence on behalf of the offender, a skilled probation violation attorney may help sway the judge in favor of the offender and avoid any additional penalties.
Contact Indianapolis Probation Violation Attorney D Turner Legal
A probation violation, no matter how small must be addressed, Even the smallest of probation violations can result in an executed prison sentence. Do not leave your future to chance. Speak with an expert Indiana probation violation attorney at 317-721-4783, we are here and ready to help!