When you were first given probation as an alternative to jail or other severe punishments after a criminal conviction, you may have considered that to be very good news. Indeed, probation can be a positive outcome of a criminal case, all things considered. However, any allegations of a probation violation may result in execution of a jail or prison sentence. It is critical for you, when allegations arise that you may have violated probation, to reach out to a criminal defense lawyer to safeguard your rights.
Once you are on probation, you are then responsible for honoring the conditions attached to it. If you now face charges for an alleged probation violation after a previous conviction, your legal status is urgent. Notably, new criminal charges while on probation may create complex issues for you. Even when new drug, DUI or other criminal allegations arise which seem unrelated to the offense you are under court supervision for while on probation can impact the terms of probation–leading to possible revocation of your probation.
If you need a skilled defense attorney on your side as soon as possible, the lawyer at Hayes Law Office in Indianapolis can provide the representation you are looking for. It is important to note that any probation violation hearing creates a court record. You should consider hiring a skilled attorney who knows how to guide you in each of the criminal court processes that you may be facing.
The results of a probation violation hearing may vary, depending on the severity of the allegations against you — as well as depending upon the strength of your defense. You owe it to yourself to seek the experience of Hayes Law Office to present a strong defense. To learn how Hayes Law Office can help you, call 317-759-1515.
Why Have You Been Accused Of Violating The Terms Of Your Probation?
Did a probation officer accuse you of violating one or more conditions that were part of your probation agreement? Indiana Code 35-38-2 provides the court with wide discretion in setting the terms of probation, which may differ in each individual case related to the facts and original criminal charges. Perhaps the alleged probation violations say that you did not fulfill your obligations, such as to:
- Work, study, or get technical training
- Undergo medical or psychiatric treatment
- Attend or reside in an appointed facility
- Participate in a treatment program, educational class or rehabilitative service
- Support one’s dependents and otherwise meet specified family obligations
- Make restitution or reparation to a victim or victims of a crime
- Create a repayment plan and make payments for funds wrongly taken from a government agency
- Pay one or more fines
- Refrain from possessing a firearm
- Report to a probation officer
- Allow a probation officer to visit you at reasonable times
- Remain within the jurisdiction of the court unless given permission to be elsewhere
- Answer inquiries of the court; report changes of address
- Perform community service
- Undergo home detention
- Undergo HIV tests
- Refrain from contact with someone
- Repay government expenses incurred after taking a missing child
- If incarcerated or detained, reimburse costs
- Refrain from owning or harboring an animal
- Participate in a reentry court program
- Receive counseling regarding addiction, mental health or anger management
- Receive detoxification and/or medication-assisted treatment for opioid or alcohol addiction
- If required, serve one or more periods of incarceration during the probationary period
- Provide a DNA sample
Your probation terms were no doubt unique to you and you will need a personalized probation violation defense strategy. Notably, in a probation violation hearing, the burden of proof is different than what was necessary for the prosecutor to obtain a conviction in criminal court. Indiana law only requires the state to prove the violation by a preponderance of the evidence. However, you still have certain due process rights, including the rights of confrontation and cross examination. You also have the right to criminal defense representation.
Schedule A Consultation To Learn How An Experienced Probation Violation Defense Attorney Can Help
Criminal defense lawyer Philip Hayes provides thorough, aggressive representation for clients facing allegations of probation violations. Criminal defense lawyer Philip Hayes has extensive courtroom defense experience will be especially helpful if additional criminal charges are also involved.
Reach out to Hayes Law Office by calling the Indianapolis criminal defense law firm at (317) 759-1515 or sending an email inquiry.
