January 06, 2023
What happens if a citizen in Indiana violates probation? If you are on probation, you will want to understand what the petition implies, what activities will revoke a suspended sentence and the outcomes of a proven violation. When it comes to an understanding the consequences of violating a suspended sentence on probation, Indiana has a particular set of rules and regulations guiding the implications of breaking or violating a sentence that can be confusing. Our criminal defense attorneys have broken down the most important aspects for you to understand.
In this blog, we’ll discuss both topics in detail, providing important information about the state of Indiana’s timeline and associated consequences for suspended sentences and probation violations.
Before diving into the consequences of probation violation, let’s explore the basics of probation. In Indiana, probation can be offered in criminal cases instead of jail time as part of a plea deal. For many individuals, the bargain is attractive as the individual can retain some semblance of normalcy after a long, stressful court process.
If a prosecutor or judge feels a case is not severe enough for jail time, probation is offered alongside options of counseling or supervision. In large part, supervision requires checking in with a probation officer, passing random or routine drug tests, securing employment, and abiding by specific terms of probation and a suspended sentence.
According to Indiana law, IC 35-38-2-3 states a court can move to revoke the probation of a defendant if they can prove the following:
If the person in question violated either a specific condition of probation or a term while serving and a petition is filed
The law states that probation can investigate a violation within 45 days of discovery, regardless of when the breach may have occurred. Even if a violation occurs 364 days after probation has been completed, the court can still go after all suspended sentences served while on probation. It serves as an important reminder for anyone on probation to stay compliant throughout their entire period of supervision, as violations could have serious consequences even long after completion.
When an individual violates probation, a probation officer will issue a warrant for arrest. A hearing will be scheduled to determine whether or not probation has been violated. The court or prosecutor will then look at the severity of the violation within the original terms. Depending on the findings during the hearing, consequences such as additional probationary time, fines, and jail time may be issued.
It is essential to seek advice from counsel regarding the individual case and possible sentences resulting from probation violations to prepare oneself for potential repercussions better.
Violating probation can be a severe and life-altering event. Depending on your situation and the severity of the violation, you could be looking at long-term prison sentences. It is always best to have experienced guidance throughout the process, and fortunately, The Bellinger Law Office provides just that.
Our criminal defense attorneys specialize in legal counsel during these crucial times and serve as your advocate every step of the way. Don’t wait – contact us today for expert advice tailored to your unique needs.
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