Many criminal cases end with a conviction which contains conditions of probation. In such circumstances, the individual will need to comply with certain rules and requirements in order to maintain their probationary status. Sometimes, however, individuals find themselves accused of violations of their probation orders. In such cases, defendants may find themselves intimidated and mystified at the possible consequences. However, by understanding the laws and court processes on this issues, individuals in this situation can be well-prepared and lessen the stress and anxiety which come along with a violation.
Probation violations are address in the Indiana Code under I.C. 35-38-2-3. This provision of the code states that the court may revoke a person’s probation if 1) the person has violated a condition of probation during the probationary period; and 2) the petition to revoke probation is filed during the probationary period or before the earlier of the following: (A) One (1) year after the termination of probation. (B) Forty-five (45) days after the state receives notice of the violation.
The court must hold a hearing on the violation, unless the defendant admits to the violation and waives their right to a hearing. At the hearing, the defendant will have an opportunity to present testimony and evidence in support of his position, as will the state/prosecutor. The court will make a decision upon completion of the hearing. In addressing an alleged probation violation, the court has several options:
- The court may continue the defendant on their current probation, with no changes;
- The court may extend the defendant’s probationary period (but not for more than one years beyond the original probationary period);
- The court may order that all or part of the suspended sentence be executed.
How a court ultimately decides to rule on a probation violation will heavily depend on the specific facts of the case, the defendant’s history with the court, the quality of presentation of both the defendant’s and the state’s cases, and several other factors. If you are facing a violation of probation charge, you should strongly consider sitting down with a criminal attorney to discuss your case and determine your options.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
