If you’re facing a criminal conviction, there is a good chance that your attorney might ask the court to release you on probation. When serving time on probation, it’s essential to follow the guidelines to maintain your legal standing. Laws vary throughout the United States, so familiarize yourself with how probation works. If you have violated probation, you need to talk to an Indiana violation of probation attorney.
What is Probation?
Probation allows people convicted of a crime to stay in their communities and continue their life with a bit of normalcy while still facing the consequences of their crimes. These people are supervised by probation officers to make sure they’re living according to the terms of their probation and are not a danger to others. Many criminal defense attorneys try to get probation for their clients so they can avoid serving jail time.
Questions About Probation?
What are Common Terms of Probation?
Probation order is different. The terms are based on the crime and previous offenses. Depending on the level of probation, a probation officer will make regular visits and file reports to ensure the terms are being followed. These terms can include retaining employment or doing community service, as well as being tested for drugs or alcohol.
In some cases, the person on probation is required to wear an ankle monitor to let the probation officer know where they are at all times. This is called Community Corrections. necessary to remain in good standing. An attorney can work to negotiate probation terms to make them more lenient.
What is a Probation Violation?
A probation violation occurs when the terms set by the judge aren’t followed. There are two types: a technical violation and a substantive violation.
What is a Technical Violation?
A technical violation of probation is misbehavior by an offender under supervision that is not by itself a criminal offense and generally does not result in arrest. Some examples of a technical probation violation would be as follows:
- Failing to report
- Missing a curfew
- Lack of employment
- Failure to attend school
- Testing positive for drugs or alcohol
- Failure to make restitution payments
- Failure to pay fines
What is a Substantive Probation Violation?
A substantive probation violation means that you have committed a new crime. A substantive probation violation can occur because you have committed any unrelated crime to the crime that you originally committed. In the eyes of the court, that would be considered as a new crime.
What Happens if Probation is Violated?
If someone commits a substantive violation, there is a good chance that their probation will be immediately revoked. For technical violations, probation officers might request a hearing in front of a judge. The judge will evaluate whether or not there will be a consequence for violating probation. The penalty could be a longer probation sentence, adding additional terms to the sentence, or even jail time. If you are facing a probation violation, hire a quality criminal defense attorney to assist you with your case.
If You Have Questions About Probation
If you have questions about probation violations, or even probation, you need to talk to Indianapolis probation violation attorney. Call our office at 317-721-4783 for help with a probation question or even a probation violation today.