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Are probation violations serious?

On Behalf of | May 1, 2023 | Criminal Defense

In Indiana, like most states, probation may be meted out as a sentence in place of all or part of a prison term. Probation allows the offender to serve their time in the community, carrying on their life while also fulfilling the conditions of their sentence.

Probation terms

The terms of probation will vary on a case-by-case basis. The requirements might include:

  • Checking in with your probation officer at prescribed times
  • Paying probation fees
  • Drug and alcohol testing
  • Attending a rehabilitative program
  • Certain places and certain people – previous associations – may be off limits
  • Fulfilling a community service requirement
  • Being either gainfully employed or actively searching for work or in a program improving job skills
  • Not crossing state lines without your probation officer’s permission
  • Committing no further crimes

Probation violation allegations

The discipline of probation may prove difficult to sustain. If there are mistakes, missteps or outright violations, what are the consequences?

Well, it depends. It depends on the violation, on the probation officer, and on the judge. There’s a wide latitude of responses for every circumstance. If the violation is serious enough, there may be a warrant for the offender’s arrest.

Attendance at a probation violation hearing, with or without a lawyer, will be required.

The individual on probation has the right to cross-examine prosecutor’s witnesses and to present evidence on their own behalf to support their case.

If there’s a probation violation conviction, it can be appealed to Indiana’s next highest court.