A social media post may look casual to you but carry a different meaning when you are serving probation in Indiana. Recognizing what can amount to a violation can help you avoid prohibited conduct and respond if an allegation arises.
When can a post breach probation?
When an Indiana court suspends part of your sentence, the judge may place you on probation and set rules that govern your conduct. Some terms apply broadly, such as obeying the law and reporting as directed, while others can address the offense by limiting alcohol use or contact with a protected person.
Probation does not generally prohibit social media use on its own. A post, message or reaction can still create a problem if it violates a direct restriction or shows conduct barred by another term.
What conduct draws scrutiny?
Probation officers may review public profiles or receive online material from other people. They can examine content that appears to show the following:
- Contact with someone covered by a no-contact order
- Possession or use of alcohol, illegal drugs or firearms when your terms prohibit them
- Travel outside Indiana without permission
- Being away from home during a court-ordered curfew
- Association with co-defendants or other people the court directed you to avoid
Online material does not always tell the full story, because a photograph might lack context and another user can tag you without permission. Even so, the state can combine it with other pieces of evidence to argue that a violation occurred.
How should you respond?
If the state files a petition to revoke probation, it must prove the alleged violation by a preponderance of the evidence, meaning it more likely than not occurred. This standard is lower than proof beyond a reasonable doubt. The judge may also consider some hearsay if it carries substantial signs of trustworthiness, even when a criminal trial might exclude it.
During the proceeding, you have the right to counsel and the opportunity to confront and cross-examine witnesses. The attorney can question how the state obtained the online material, whether a witness can identify its source and whether it proves the alleged conduct.
If the court finds a violation, the judge must separately choose the consequence. The court can continue probation, modify its terms, extend the period by up to one year or order you to serve all or part of the suspended sentence. Your compliance history, treatment progress and the circumstances surrounding the incident might support a less restrictive consequence.