How long can you be held on a probation violation?
Judges take probation violations seriously and it could mean jail time for the violator. As with any other violation, you are considered innocent until proven guilty. However, if you’ve allegedly violated your probation, at your hearing, evidence can weigh heavily against you, and you can face jail or prison time if found guilty. The jail time can vary, and it could mean you end up serving the remainder of your sentence in jail or prison.
When you’re first brought in on a probation violation, you may spend some time in jail, and depending on the circumstances, the judge usually has the option whether or not to grant you bail. In most cases, if bail is granted, it will be significantly higher than for the original offense. When you need bail for probation violation in Avon and Indianapolis, IN, you can always count on reliable services at Indiana Bail Bonds. You can reach us 24/7 by calling 317-423-9300.
What are the two types of probation violation?
When you are put on probation by the courts, you’ll be subject to terms that you must not violate in order to uphold your probation. A probation violation occurs when these terms are not upheld. Two types of probation violations exist:
- Substantive: A substantive violation means you’ve committed a criminal offense that is separate from the offense for which you received probation. If, for instance, you are on probation for a drug offense but commit an armed robbery while on probation, this offense is considered a substantive violation.
- Technical: Technical violations occur when you break the actual terms or conditions of probation. If one of the terms of your probation is to hold down a job and you fail to get a job or lose that job, you’ve committed a technical violation.
Is probation violation a felony?
A probation violation can either be a felony or misdemeanor offense. This will depend on the original charges. If your original charges were for a felony offense, then you will be guilty of a felony probation violation. The same is true for a misdemeanor offense.
Can a probation violation be dismissed?
Technically, a probation violation isn’t an additional crime, so it cannot be dismissed as if it were a criminal case. If you’ve been arrested for violating your probation, you’ll have to appear at a hearing to determine whether or not you actually violated the terms of your probation based on the preponderance of evidence brought up by prosecutors. Should enough evidence be presented that determines you did, indeed, violate your probation, the judge will then revoke your probation and decide what to do from there. This decision could range from an extended probationary period to jail or prison time to fulfill your sentence. If there’s not enough evidence to show you were in violation of probationary terms, the case against you will be dropped and you will resume your probation under the same terms as before until it is completed. The case technically isn’t dismissed because the criminal charges against you aren’t dismissed.
Do probation violation warrants expire?
A warrant on a probation violation can be indefinite. The only way the warrant can expire is if a probation officer, judge, or some other court officer revokes the warrant. Otherwise, you can be arrested at any time on the warrant.
How can I avoid jail time for a probation violation?
One of the most difficult things to do when it comes to a probation violation is avoiding jail time. It’s not impossible. It is, however, going to take a lot of work. You’re going to have to try to fix any violations of terms that you can, if possible. For instance, if you have to do community service and haven’t completed the time, you can do the full amount of community service to get credit for it. Some violations like coming up positive on a drug test can’t be fixed quite as easily. You’ll have to take action and change behaviors, such as passing multiple drug tests and enrolling in drug rehab and other support groups.
If you continue to associate with old friends who also happen to be criminally active, you’re going to have to find new friends. In fact, you want to build relationships with respected community members and mentors such as pastors or small business owners you work for or who know you and will vouch for you in court. You’re also going to have to prove you are a valuable person to your community, which means you’ll have to do things like getting a job, taking care of your children, and volunteering. Trying to fix issues like this won’t guarantee you’ll stay out of jail, but are the types of actions you’ll have to take to try to do so.
Does probation violation go on your record?
A probation violation will go on your record. Moreover, that violation will make it more difficult to get records expunged later on, which can affect your life in negative ways from gaining employment to getting loans.
What can you not do on probation?
When you are put on probation you’re going to receive certain terms and conditions that you must meet to fulfill your sentence. Some terms will outline actions you need to take like performing a certain amount of community service hours or attending drug or alcohol rehab. Others will be restrictions on your actions that can vary from not having contact with certain people to not traveling out of state to not using illegal drugs or using alcohol in excess. Restrictions will be determined by the courts and will vary by case.
Probation violation no contact order
No contact orders are a common probationary term in domestic violence or assault cases. These orders in general state you must stay away from an alleged victim and have no or limited contact with them by other means such as phone calls or through social media. Usually you have to stay a certain distance away from that person and if you stray beyond that distance, you’re in violation of your probation, and have committed a completely separate crime that will be prosecuted separately from the probation violation.
If you have been alleged of a probation violation in Avon and Indianapolis, IN and have been arrested and jailed, you can get help with bail from the professionals at Indiana Bail Bonds. We are available 24/7. All you need to do is call 317-423-9300.