Consequences of Violating Probation

When you’re serving a prison sentence in Indiana, getting out on probation may be all you can think about. Once it happens, though, it’s important to understand what the terms of your probation are and to make sure you follow them. As we’ve pointed out before, probation isn’t easy, and it isn’t free – you’ll most likely be expected to make monthly payments to the probation department and bear the costs of any required drug testing and special classes that are part of your probation obligations. And if you violate your probation terms, the consequences can be severe. 

Probation Violations

While committing another crime will violate your probation, you can also find yourself in trouble if you violate a condition of your probation. You can expect your probation terms to forbid you from consuming drugs or alcohol (except for prescription drugs) and to appear for meetings with your probation officer as required by your officer. You can also be subject to random drug screenings (which, as we’ve noted, you may have to pay for) and may also be required to attend substance abuse treatment or anger management classes. If you fail to meet any of the terms of your probation, you may find yourself back behind bars.

Violation Consequences

Indiana law gives judges wide discretion when deciding what consequences to impose once a probation violation has been established. First, however, it’s important to understand that the standard for proving a probation violation is lower than for proving a crime. Instead of the “beyond a reasonable doubt” standard that applies in criminal cases, probation violations need only be proven “by a preponderance of the evidence” – in other words, a 51% “more likely than not” standard. 

The judge has four main options when a probation violation has been established. 

• Continue probation with no modifications to the probation terms.  
• Continue probation, but modify the terms, typically to make them stricter. 
• Extend the probation term for up to one additional year beyond the current end of the probation period. 

Terminate probation, meaning the defendant must return to prison and serve the remainder of the original sentence (with none of the time spent on probation counting towards that sentence).

Razumich & Associates Can Help With Probation Violations

If you’ve been accused of violating the terms of your probation in Indiana, you need the help of one of our experienced criminal defense attorneys. In many cases, it is possible to negotiate with the State to arrive at an agreed consequence – similar to a plea bargain – that will allow you to remain on probation and will impose less of an additional burden on you than if you’d proceeded to a probation revocation hearing. In other cases, it may be necessary to proceed with the hearing, in which case we will fight for your rights and forcefully defend you against the State’s allegations. 

Probation violations are serious. Call Razumich & Associates today at 317-449-8661, or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys to learn how we can help. You have a right to a strong defense to probation violation allegations, and we are here to provide it!