Valparaiso Probation Violation Lawyer

Experienced Probation Violation Attorney in Valparaiso, IN

Contacting a Valparaiso probation violation lawyer to explain your legal options is always advisable if you’ve been accused of violating probation. While an allegation does not always result in revocation, there are several potential penalties you could face if found to be in violation. Penalties may include additional probation conditions and/or execution of a previously suspended sentence. A Valparaiso probation violation lawyer can advise you on next steps.

Get to Know Blankenship Law, LLC

Blankenship Law, LLC is an Indiana criminal defense law firm located in Valparaiso and Carmel. We defend individuals charged with crimes and help them to recover from their mistakes. We understand how prosecutors think during criminal cases and how probation violation cases are investigated and prosecuted. Blankenship Law, LLC, provides free phone consultations to probationers to review your case and explain your options.

Understanding Probation in Indiana

Probation is an alternative to serving all or part of an individual’s sentence in jail or prison. By agreeing to probation, an offender can remain in the community but must adhere to certain conditions set by the court. Probation conditions are customized by judges to hold individuals accountable for their actions with the goal of limiting incarceration when possible. Each probation order is unique but may include conditions like:

• Meeting regularly with a probation officer
• Maintaining lawful employment
• Completing counseling or treatment programs
• Remaining drug- and alcohol free
• Paying restitution or court costs
• Performing community service
• Obeying all probation violation laws 

Probation violations occur when the court believes an individual failed to comply with one or more of the conditions of probation. Some violations are technical violations, while others involve new criminal charges. Regardless of the type of violation, a probation hearing may be held to determine if the probation should be revoked or additional penalties should be imposed.

Valparaiso probation violations are often heard at the Porter County Courthouse, 16 Lincolnway, Valparaiso, IN 46383. Indiana probation departments supervised 98,277 adults and juveniles statewide at the end of 2024. During 2024, probationers in Indiana paid $7,716,219 in restitution. The state of Indiana spent $118,812,879 on probation officer and staff salaries that year.

Why People Get Charged With Probation Violation?

Many probation violation cases start out as allegations that the person failed to follow one or more of their court-ordered conditions. Violations can be the result of intentional actions or happen because of circumstances that may be explained during a hearing.

For example, some individuals mistakenly believe they paid all their fines, but the court has no record of receiving payment. Since each probation order lists unique conditions, violations are judged according to each individual’s terms. Some common reasons for a probation violation include:

• Traveling outside of the county or state
• Failure to complete community service
• Violating a no-contact order or probation condition
• Arrested for or charged with another crime 
• Missing a meeting with your probation officer
• Failed drug or alcohol test
• Failure to complete counseling or treatment
• Failure to pay fines, court costs, or restitution

Even if you meet all of your probation conditions but are arrested or charged with another crime, you could still be accused of violating probation. Because violating probation depends on the specific conditions ordered by the judge, it is up to the court to decide if an actual violation occurred based on the evidence against you.

What Happens if You Violate Probation?

When a probation officer believes an individual has violated probation, they may file a notice of probation violation. Based on the circumstances, the court may issue a warrant for the individual’s arrest or order them to appear for a hearing. Failure to appear in court could cause additional problems. The judge can schedule a probation violation hearing to review the allegations.

During the probation violation hearing, the judge may hear evidence from both sides and determine whether the probation violation occurred. Evidence can consist of probation records, drug test results, fine payments, witness testimony, treatment records, or other documents that support or dispute the probation violation allegations. Probation violation hearings do not use the beyond a reasonable doubt standard typical of criminal trials.

A Judge’s Rule

If your violation is based on a new criminal charge, both matters can progress separately. Meaning that your probation violation case could move forward even if the criminal prosecutor is still investigating or has not filed charges. Since related cases can impact each other, decisions made in one case could affect the other. After a review of the evidence, a judge could rule that:

• Probation should continue under the same conditions
• Probation conditions should be modified
• Probation should be extended, when allowed by law
• The judge orders all or part of the suspended sentence to be served

Penalties for violating probation depend on several factors. These factors can include the severity of the violation, your history of complying with probation conditions, and other details that were presented during the hearing.

Indiana Probation Violation Statutes

Indiana Code § 35-38-2-1 allows judges to place qualifying individuals on probation, lists the conditions probationers must comply with, and notifies defendants that probation violations could lead to further court actions. If a probationer agrees with their probation conditions, but thinks that changes are necessary, judges can also modify probation terms when they feel it is appropriate during the probation period.

Indiana Code § 35-38-2-1.8 states that judges can modify probation orders after giving probationers notice of their decision to review the current probation terms. A hearing may be scheduled so the judge can determine if any changes are needed to the probation conditions. Judges have discretion when modifying probation conditions, which is why it is strongly encouraged to hire a probation violation lawyer.

Defending Against Probation Violations

It’s crucial not to treat probation violations casually, as every accusation requires careful review to determine if the court has enough evidence to establish a violation. Some probation violations are the result of clerical errors or circumstances that could be explained to the judge. Before making a decision on your probation status, the judge may look at all the evidence and details pertaining to your alleged probation violation.

Defense strategies vary depending on the type of violation you were accused of. For example, if you were accused of missing a probation meeting because of a hospital stay, your attorney could provide proof that you were hospitalized. If you were accused of a failed drug screen but know the test was faulty, your attorney can challenge the reliability of the drug testing method.

Reasons to Hire a Probation Violation Lawyer

When you decide to hire a probation violation lawyer, you give that person the opportunity to look over the claim against you prior to your hearing. Your lawyer can read through your probation order and analyze the evidence that proves you violated probation. From there, they may decide if everything was handled correctly moving forward with your case.

The reality of probation violations often extends beyond a simple determination of compliance with a given term. The details surrounding the issue, documentation, and credibility of the evidence can all play a factor in your hearing.

FAQs

Is Indiana a No Bond State?

Indiana is not considered a no bond state. Eligibility for release after arrest varies on a case-by-case basis and depends on the circumstances surrounding the incident, the offense charged, and any orders issued by the court. For probation violations, a judge may determine if release is warranted considering the underlying offense, alleged violation, criminal history, risk of flight, and other factors.

Can a Probation Violation Warrant Be Lifted?

Yes, after posting bond, if the individual appears before the court or the judge believes the warrant should be lifted, the warrant may be lifted under certain circumstances. This varies on a case-by-case basis according to the facts presented and orders of the court. It is always most beneficial to address a warrant as soon as possible to avoid further action being taken against you.

What Are Some Examples of Violations?

Examples of violations include failing to report to your probation officer’s meetings, failing a drug screen or alcohol test, failure to complete court-ordered treatment or community service, failure to pay restitution or court costs, leaving a restricted area without permission, and/or being arrested for committing a new crime. You can be held for either a technical violation or a new criminal allegation, depending on the details.

How Can I Succeed in a Probation Revocation Hearing?

Probation revocation hearings differ from case to case and may depend on the facts and evidence against you. In some cases, it could be helpful to gather documents, speak about the violation, and explain any mitigating circumstances. An attorney may be able to review the evidence, find issues with the violation allegation, and bring up information to support continued or modified probation, if applicable.

Schedule a Phone Consultation Today

Being charged with a probation violation is a serious offense. An accusation can come with serious consequences, including having to serve your original sentence. Blankenship Law, LLC can help you if you have been accused. Contact us today for a free phone consultation.