Indiana Probation Violation Consequences
In Indiana, a defendant may be offered, as an element of their plea deal, probation in place of incarceration. Often, this is a result of the judge or prosecutor’s belief that jail time is not warranted and that the defendant would be better served to complete probation under the supervision of the court and, in some cases, complete mandatory counseling. However, the terms are quite strict, and the Indiana probation violation consequences are harsh.
If you’re worried about the Indiana probation violation consequences, or currently run the risk of having to complete your sentence in jail, then you need to speak with an experienced Indiana criminal defense attorney as soon as possible. The defense team at Keffer Hirschauer LLP is made up of former deputy prosecutors who have a great depth of knowledge regarding the Indiana criminal justice system. If you’d like to speak with a member of our team today call us at 317-857-0160 or complete our online contact form to schedule a free case consultation.
Conditions of Probation in Indiana
The specific laws that apply to probation in Indiana is located in Indiana Code 35-38-2. As stated in the first section of this chapter, when a person is placed on probation, the court shall specify the conditions of the probation and advise the person of the possible Indiana probation violation consequences that apply to their specific situation. More specifically, the law states that if the person violates their probation during the probationary period, a petition to revoke their probation can be filed either one year following the termination of their probation or 45 days after the state has been made aware of the violation, whichever occurs first.
Indiana Code 35-38-2-2.3, as well as several of the following sections, outline specific conditions the court may require of a person on probation. This includes common conditions like “Report to a probation officer at reasonable times as directed by the court or the probation officer.” It also includes conditions such as “work faithfully at suitable employment,” or “faithfully pursue a course of study, or career/technical education.” Some other notable conditions include, but are not limited to:
- Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation
- Support the person’s dependents and meet other family responsibilities
- Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court or the person’s probation officer
- Permit the person’s probation officer to visit the person at reasonable times at the person’s home or elsewhere
- Perform uncompensated work that benefits the community
- Periodically undergo a laboratory chemical test or series of chemical tests as specified by the court to detect and confirm the presence of a controlled substance
- Receive addiction or mental health counseling; inpatient detoxification; or medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence
Indiana Probation Violation Hearing
Laws relating to Indiana probation violation consequences can be found in Indiana Code 35-38-2-3, which states that court may revoke a person’s probation if the person has violated a condition of probation during the probationary period; and the petition to revoke probation is filed during the probationary period or before one year after the termination of probation or forty-five days after the state receives notice of the violation, whichever occurs first. In situations where an Indiana probation violation has been charged against a person, the court may either order a summons to be issued to the person to appear before the court or order a warrant for the person’s arrest. However, the latter is often reserved for situations where the person may be more susceptible to fleeing the jurisdiction or causing harm to others. When a court orders a summons or a warrant, that issuance then tolls the period of probation until a final determination is made regarding the alleged probation violation.
Under most circumstances, courts must conduct a hearing regarding the alleged Indiana probation violation, and the court does have the ability to admit the person to bail pending the hearing. However, if the person is not admitted to bail pending the hearing, they cannot be held in jail for more than 15 days without a hearing on the alleged probation violation. The only exception to this is when a person admits to the violation and waives the right to an Indiana probation violation hearing after being offered the chance to consult with an Indiana criminal defense lawyer. When this occurs, the probation officer must advise the person that by waiving their right to a hearing they forfeit their right to a hearing in open court where the state assumes the burden to prove the alleged violation by a preponderance of evidence. Therefore, they also forfeit their right to confrontation, cross-examination and representation by counsel in the aforementioned hearing.
If you have been charged with violating probation in Indiana, it would be wise to contact an experienced criminal defense attorney as soon as possible. The Indiana probation violation consequences are harsh and could significantly alter the current placement of your sentence. If you’d like to speak with one of our Indianapolis attorneys today, feel free to call Keffer Hirschauer LLP at 317-857-0160 or complete our online contact form to schedule a free case consultation.
Indiana Probation Violation Consequences
Indiana Code 35-38-2-3(h) explicitly states that if a person has been found to have violated a condition of their probation at any time before termination of the period, and the petition to revoke is filed within the probationary period, the court may impose one or more of the following Indiana probation violation consequences:
- Continue the person on probation, with or without modifying or enlarging the conditions
- Extend the person’s probationary period for not more than one year beyond the original probationary period
- Order execution of all or part of the sentence that was suspended at the time of initial sentencing
In addition, if the court finds that the person has violated a condition of home detention at any time before termination of the period, and the petition to revoke probation is filed within the probationary period, the court may order one or more of the sanctions stated in the list above AND provide accrued time and good time credit, if applicable, as is described in Indiana Code 35-38-2.5-5.
In situations where a person has been found to have violated a condition of their probation during any time before the termination of the period, but the petition is filed AFTER the probationary period has expired, the court may reinstate the person’s probationary period, with or without enlarging the conditions, if the sum of the length of the original probationary period and the reinstated probationary period does not exceed the length of the maximum sentence allowable for the offense that is the basis of the probation; or order execution of all or part of the sentence that was suspended at the time of the initial sentencing.
In addition, if the court finds that the person has violated a condition of home detention at any time before termination of the period, but the petition is filed AFTER the probationary period, the court may order one or more of the Indiana probation violation consequences stated listed in the previous paragraph AND provide accrued time and good time credit, if applicable, as is described in Indiana Code 35-38-2.5-5.
Indiana Probation Violation Consequences for Failure to Pay Fines or Costs
It’s important to note that the Indiana probation violation of failure to pay fines or costs (including fees) as required by a condition of probation cannot be the sole basis for a court deciding to commit the person to the department of corrections. Furthermore, probation cannot be revoked for failure to comply with conditions of a sentence that imposes financial obligations on the person unless that person recklessly, knowingly or intentionally fails to pay. As stated in Indiana Code 35-38-2-3(n), “failure to pay fees or costs assessed against a person under Indiana Code 33-40-3-6, Indiana Code 33-37-2-3(e), or Indiana Code 35-33-7-6 is not grounds for revocation of probation.”
Worried About the Indiana Probation Violation Consequences? Call us Today.
Indiana’s probation violation consequences have the potential to drastically alter the placement of your sentence. If the violation is severe enough, you may even have to go back to jail. However, it doesn’t always have to be that way. When you choose to hire a skilled Indiana criminal defense attorney, you put yourself in the best position possible to finish your sentence on probation, beyond the confines of jail.
The Indianapolis law office of Keffer Hirschauer LLP is unique in the fact that we have made a point to primarily hire former Indianapolis deputy prosecutors. This provides our clients with incredibly valuable insight into how cases are typically prosecuted and the strategies most commonly used by the prosecutor’s office. Our team truly understands how the Indiana criminal justice system works, and how to best protect individuals who have been charged with an Indiana probation violation. If you’d like to give yourself a better chance of staying out of jail, call Keffer Hirschauer LLP today at 317-857-0160 or complete our online contact form to schedule a free case consultation.