If you have had the misfortune of violating your probation, it may be a confusing system of rules to navigate. Certain behaviors or actions can be a cause of probation violations in certain states while they can differ slightly in others. It’s important to know that probation laws vary by state and are governed by state and federal laws. Indiana Code 35-38-2, in turn, establishes that the state courts have significant authority over your probation. A lot of flexibility is therby given with Indiana probation laws in creating terms or determining if there should be further punishments from a violation. Here we’ll take a look at consequences and rules if ever you have undergone a probation violation.
Probation Violation vs Parole Violation
Probation often occurs prior to incarceration or as an alternative to jail time. Parole, on the other hand, is an early release from imprisonment.
Probation Violation Examples
- Not reporting to your probation officer at a scheduled time or place
- Not appearing on the set date and time for your court meeting
- No paying any required fines or restitution as ordered by the court
- Not getting permission from your probation officer when visiting certain places, people or traveling out of state
- Selling, using or possessing illegal drugs
In Indiana it can also include:
- Failing a probation drug test administered by your probation officer or by the police
- Failing to check in with your probation officer
- Failing to attend required counseling or rehabilitation
- Violating curfew
- Failing to pay fees or adequately requesting assistance for payment
- Breaching home confinement requirements
- Being arrested or convicted for another offense
What happens when you violate probation for the first time?
When you have a misdemeanor probation violation your parole office can be flexible on the course of action they may choose to take.
Does a probation violation mean jail?
Probation violation consequences can vary depending on your parole officer and the conditions surrounding the violation such as severity of the violation or if you’ve ever violated before. If you’ve been arrested then you’ll have an opportunity to attend a hearing to challenge allegation before a probation revocation is ordered.
Possible Consequences to Probation Violations:
- Added jail time or longer probation for your previous sentence
- The punishment for your original offense can be upgraded to a maximum penalty
- Return to prison for the remainder of your probation
- If you are allowed to remain out of jail you may be required to wear an ankle monitor
- You may no longer be able to post bond for future arrests
- You may be required to begin new drug rehabilitation or counseling
- You may be required to more frequent check-ins or substance abuse tests
How long can they hold you in jail for probation violation?
Depending on your specific conditions and circumstances, you may or may not be held in jail for or up to the maximum term for your violation. It’s important to realize that certain cases may cause your right to a bail bond to be revoked. If you’re still eligible and in need of a probation violation bond, contact your local Bail bonds service or 24 hour emergency bail.
What happens if you miss a court date while on probation?
A bench warrant (order issued by a judge from the bench) will be issued for your arrest upon being absent from a scheduled court hearing where your appearance was required.
What happens at a probation violation hearing?
A probation violation hearing can either be condensed in one or split into two. The first hearing would involve the judge determining from probable cause whether to revoke the probation while the second determines whether the behavior or conduct really broke the probation as well as the punishment following it. Minor violations may result in more community service or more frequent check-ins with your probation officer. However, a severe violation will have harsher consequences. A hearing for a probation offense may seem like a regular criminal trial, but there is a lower standard that the prosecutor must meet to find you guilty in a probation violation. Some cases may even require you to testify yourself. Since you’ve been previously convicted for a crime, your constitutional rights do not extend to probation issues that deal with how your punishment may be altered.
It’s important to be timely and comply with your terms of probation. If you require legal advice, seek out the appropriate measures and networks as it’s better to be safe than sorry.
If you need help with probation violations in Avon and Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds!