Getting arrested or accused of violating probation can be stressful and confusing. A Carmel probation violation lawyer can explain what happens after the state accuses you of violating probation. In Indiana, violating probation does not automatically lead to a new criminal charge. However, a judge may issue additional terms, extend the probation period, or revoke probation and execute a suspended sentence.
At Blankenship Law, LLC, we are criminal defense lawyers serving Indiana from our offices in Carmel and Valparaiso. The firm’s lawyers are former prosecutors who now devote their practices exclusively to criminal defense. We have firsthand knowledge of how prosecutors investigate and prove probation violation cases.
We offer every client representation during every stage of the legal process. Blankenship Law, LLC, serves clients throughout Hamilton County and the surrounding communities.
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Probation is a method for a person to complete all or part of their criminal sentence under court-ordered supervision. Conditions of probation vary based on the underlying offense and the judge’s orders. Probation typically requires that the person reports to and checks in with a probation officer, follows laws, completes counseling or treatment, maintains employment, performs community service, or pays fines and restitution.
If the court believes one or more of those conditions were violated, the person is often accused of violating probation. Probation violations can be technical violations or new criminal charges. Either type of violation can lead to a probation violation hearing where the judge decides if the violation occurred and whether any penalties should apply.
Most Carmel residents attend probation violation hearings at the Hamilton County Judicial Center located at 150 West Broad Street, Carmel, IN 46032. That courthouse hears criminal cases from Carmel and other nearby communities.
By the end of 2024, 98,277 adults and minors were under the supervision of Indiana probation departments. In 2024, probationers paid $7,716,219 in restitution. The scale of Indiana’s probation system is demonstrated by the $118,812,879 that the state spent on staff and probation officer wages that year.
Probation violations happen for many reasons. Some result from intentional misconduct. In other situations, the violation is triggered by a miscommunication, emergency, or changes in a person’s life. Some common examples include:
Just because someone is accused of violating probation does not automatically mean that the judge is going to revoke it. The alleged violation must be proved during a hearing before the judge can issue a probation violation.
Indiana has several laws that discuss how probation can be imposed, supervised, and changed. Indiana Code § 35-38-2-1 states that a court has the power to grant probation to eligible offenders. Additionally, this law permits the court to place offenders on probation, set conditions that must be followed while on probation, and notify offenders that if they fail to follow any conditions of probation, they could be brought back before the court.
The law also allows the court to modify probation during the period of probation if it is deemed necessary by the court.
Indiana Code 35-38-2-3 sets forth the procedures for filing a notice of probation violation. It also discusses hearings and potential sanctions. That law allows the judge to continue probation, modify its terms, extend probation up to the statutory maximum, and order a person to serve all or part of a previously suspended sentence.
When a probation officer files a notice of probation violation, the judge may issue a warrant or schedule a hearing to resolve the violation. During the hearing, the prosecutor may provide evidence that the violation occurred. Proof of a probation violation does not require proof beyond a reasonable doubt. After reviewing the evidence, the judge decides if a violation occurred and what action to take.
Probation violation penalties vary based on many different factors. Certain factors the judge may consider include the underlying offense, the nature of the alleged violation, previous compliance with probation terms, and other details. The judge has wide discretion in probation violation cases. Penalties for violating probation may include:
Every case is unique, so penalties vary based on the facts and circumstances of each particular case.
If a probation officer files a notice that a condition of probation was violated, the court holds a probation violation hearing. A violation hearing is not the same as a criminal trial. The hearing determines if the conditions of probation were broken. At a hearing, the judge decides if it is more likely than not that the person violated probation. The judge looks at testimony, probation reports, drug screens, payment histories, or other evidence to determine if a violation occurred.
Sometimes the probation violation is related to a new criminal charge. Whether the violation hearing and criminal case are combined depends on the circumstances. In some cases, information from one proceeding can affect the outcome of another. The judge has the discretion to continue probation, extend the probationary period, modify its conditions, or order all or part of a suspended sentence to be served.
Given that the courts examine each situation separately, presenting documentation that explains a missed appointment due to a medical emergency, or provides proof of compliance with treatment or employment obligations, can be helpful. Gathering this information before your court appearance can help make sure the judge has all the facts.
When you hire a probation violation lawyer, you gain an advocate who can look at your case and decide whether there is enough evidence to support the alleged violation and whether proper procedure was followed during the probation process. Your attorney can review your probation paperwork, the drug testing process, if applicable, any factual errors, and anything beyond your control that may have played a role in the alleged violation.
Your Carmel probation violation attorney can also present evidence that you were following the terms of your probation, such as proof of employment, attending treatment or meetings, medical treatments, and anything else that may help your case at the hearing. If your violation also includes new criminal charges, your attorney can also advise you on how your statement or evidence at one hearing may impact the other.
If you have been accused of violating probation in Indiana, the court is likely to set a hearing on whether you violated probation. If you violated your probation terms, the judge could potentially continue your probation, modify its conditions, extend the term of your probation, or order you to serve some or all of a previously suspended jail or prison sentence. It all depends on the facts involved and your history of following the rules.
Probation can be violated in numerous ways. Some of the most common probation violations are considered technical violations of your probation. Examples of technical violations include failing to meet with your probation officer, failing a drug or alcohol screen, failure to complete treatment as ordered by the court, or failure to pay fines or restitution. You should note that these types of violations don’t necessarily mean you have committed another crime.
A probation violation in Indiana does not have a minimum jail sentence. You could serve no jail time at all depending on your original offense, the violation you allegedly committed, and the judge’s ruling. If you violate probation, the judge could allow your probation to continue with a modification of the rules you must follow. However, the judge could order you to serve some or all of a previously suspended jail or prison sentence.
If you violate probation, whether you can be released depends on your situation and what the court says. For instance, if the judge who oversees your probation grants a warrant for your arrest on allegations of probation violations, then the court would decide if your release is warranted. They may take the type of violation, criminal history, and your record of following probation rules into consideration.
If you have been accused of a probation violation, Blankenship Law, LLC can help you in the legal process and advocate for your rights and future. Contact us today for a free phone consultation.
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