If you violated your probation or community corrections sentence, you need an experienced legal team from The Criminal Defense Team to defend you.
These are big deals. The Criminal Defense Team routinely practices in front of a judge who tells people she places on probation or community corrections sentences (home detention or work release): “I view probation and community corrections as a second chance. You are an adult. I’m not big on giving adults third chances.”
If you are sentenced for a crime and are being supervised by a probation department or community corrections facility, violation of any rules of those less-restrictive punishments can result in you being incarcerated for the suspended part of your sentence. But violations, such as positive tests for drugs or alcohol, being charged with another crime, and not completing ordered programs or classes, must also be proven.
The State has to produce evidence to prove your guilt by a preponderance of the evidence (51%). This is a lower standard than “beyond a reasonable doubt” at trial. Also, the judge holds probation and community corrections violation hearings. You have no right to a jury trial in these matters. But you don’t have to surrender and make admissions that will land you in jail or prison. Check with our extensive legal expertise. Explore your options. Fight back.
Call The Criminal Defense Team at (317) 687-8326 for a free consultation with one of our Indiana probation and community corrections violation lawyers.
What Are Probation and Community Corrections?
Upon a criminal offense conviction, the court could place you under probation or in a community corrections program. These are alternative penalties for certain crimes. Although there is a bit more freedom with a sentence like these than with imprisonment, you are still under strict rules. If you meet all conditions set by the court and complete probation or community corrections successfully, you could avoid imprisonment.
Common conditions of probation include:
- Report to a probation officer as directed by the probation officer or court at reasonable times
- Faithfully maintain suitable employment or pursue a career or course of study and technical education to prepare for employment
- Attend or reside in a facility used for recreation, residence, or instruction of someone serving probation
- Provide reparation or restitution set by the court to the victim for the injury or damage suffered
- Undergo psychiatric or medical treatment and stay in a specified institution for that treatment if required
- Participate in educational classes, treatment programs, or rehabilitative services at an agency by referral or provided by a probation department
- Make required repayments set by a repayment agreement with the appropriate governmental entity for assistance or public relief wrongfully received
- Pay a fine authorized under Indiana Criminal Code 35-50
- Allow visits to the home or elsewhere by the probation officer at reasonable times
- Stay within the court’s jurisdiction unless the court or probation officer grants permission to leave
- Answer the court or probation officer’s reasonable inquiries and notify them of changes of employment or address promptly
- Do not possess a firearm or another deadly weapon unless the court or probation officer grants written permission
- Undergo periodic or a series of chemical testing the court specifies for detecting and confirming controlled substances in the body
- Perform unpaid work beneficial to the community
- Meet additional conditions associated with rehabilitation
- Meet the requirements of home detention as defined by Indiana Criminal Code 35-38.2-5
- At the court’s direction, execute a reimbursement plan to repay all or part of the confinement costs to the operating authority if confined in a penal facility
- Support any dependents and uphold family responsibilities
- Receive mental health counseling, medication-assisted treatment, addiction counseling, and inpatient detoxification
- Avoid harboring, training, or owning an animal
- Participate in a reentry court program
- Avoid indirect or direct contact with an individual and any animal they own if convicted of a crime included in Indiana Criminal Code 35-46-3
- Execute a repayment agreement with a person or governmental entity for the reasonably incurred costs associated with detaining, taking, or returning a missing child
- Complete laboratory testing or a series of tests the state department of health approves for detecting and confirming the human immunodeficiency virus (HIV) antigen or HIV antibodies if convicted of a controlled substance-related offense involving use or delivery by any person to another person or convicted of a criminal sexual act creating an epidemiological risk of HIV transmission
The court may require you to complete a combination of any of these conditions of your probation. It will depend on the type of crime you committed and the associated circumstances.
Instead of serving a prison sentence, the court could place you in a community corrections program. You must meet all requirements to complete the program successfully. The available programs will depend on the county’s budget, human resource policies, community resources, and staffing support.
Common conditions of community corrections programs include:
Programs, Services, and Treatment
- Substance or mental health abuse in-house or local provider referral
- Cognitive-behavioral programs and interventions
- Skill building, such as mock interviews and resumé classes
- Educational programs
- Stability services, including housing assistance, rideshare or bus passes for transportation, and help to obtain a driver’s license, social security card, or identification card
Public Safety Accountability
- Random drug testing by an external agency or in-house to confirm the offender is following all rules and avoiding criminal acts
- Home visits to verify the resident’s home doesn’t create a risk of criminal activity, and there are no accessible drugs or weapons
- Field visits to ensure the participant lives, visits, and works in approved places
24/7 Supervision or Monitoring
- Residential Center – This is a secure facility granting the participant limited access to the community for treatment, employment, errands, services, programs, job searching, or incentives. Monitoring the person’s whereabouts in the facility and their return by curfew also takes place.
- Home Detention monitoring device – The participant has limited access within the community for treatment, services, employment, job searching, incentives, programs, or errands. They can only leave their residence on an approved schedule.
- GPS monitoring device – The device tracks where the participant goes and sends out an alert to the program if they remove the GPS, enter the crime victim’s zone, or visit restricted zones.
Graduated Sanctions and Incentives
- The disciplinary process allows the participant to correct their behavior by participating in treatment, programming, community service, or cognitive intervention instead of being immediately jailed or receiving a court violation
- Incentives can include modifications, bus passes, reduced fees, treats, or passes to attend family events
- A case plan containing personal goals to achieve during program
- Completion of Risk Assessment to determine the necessary treatments, supervision level, services, and programs for the participant
The court will determine the terms of the convicted offender’s community corrections program or require the program’s director to come up with reasonable terms.
Common Probation and Community Corrections Violations
If you fail to meet any of the conditions set by your probation or community corrections program, the court could consider it a violation and impose a new sentence.
Common violations include:
- Checking out of rehab before the scheduled end date
- Failing a drug or alcohol test
- Violating the conditions of curfew
- Failing to make timely repayments to the victim
- Failing to check in with a probation officer
- Being arrested, charged, or convicted of another crime while serving probation
- Removing a monitoring device
- Leaving the specified jurisdiction without permission
- Failing to pay any necessary probation fees
- Possessing a firearm without authorization
- Failing to complete services, counseling, or programs required by the court
If you violated any conditions set by the court or received a summons to appear in court for an alleged violation, it’s critical to seek legal representation immediately. You should not go to the hearing without an experienced lawyer by your side to defend you. We can try to prove that you never violated your probation or community corrections or negotiate with the prosecutor for a lenient punishment.
Penalties for Violating Probation or Community Corrections Program in Indiana
If you violate any conditions of your probation, it doesn’t necessarily mean you will get arrested. The probation officer could choose to handle the matter internally. That means they will make a note of the violation and might require you to complete additional programs or services.
However, if they decide to file a formal notice, the court will set a hearing to determine if you violated the conditions of probation. You can choose to waive your right to a hearing by admitting to the violation and receive a sanction under Indiana Criminal Code 11-13-1-8. However, that would not be in your best interest. You deserve the opportunity to present your case in court and fight back against the allegations you face.
If you want to move forward with the hearing, the State must present evidence to prove a violation occurred. You have a right to hire a lawyer to represent you during these proceedings.
If the State does prove the allegations you face, the court can impose sanctions that may include one or more of these:
- Continue probation without enhancing or modifying the terms
- Extend the period of probation for up to one year past the period initially set
- Suspend probation and execute the original sentencing
Violating the terms of community corrections allows the director of the program to:
- Continue with the program
- Change the terms of the placement
- Reassign the participant to a different program
- Request the court to revoke the placement and sentence the offender to the department of correction or county jail to serve out the remainder of their sentence
If the program director decides to continue the placement, change the terms or reassign the participant, they must notify the court. The prosecuting attorney can choose to request the court to revoke the placement and require imprisonment for the rest of the sentence.
You should never attempt to handle a case like this alone. The Indiana probation and community corrections violation lawyers of The Criminal Defense Team are familiar with the legal procedures we must follow. You will have to face an aggressive prosecutor in court and could end up with the harshest penalty possible. As long as you have us in your corner, you can feel confident knowing you’re in capable and experienced hands. We will not hesitate to fight for your rights and will try to negotiate a fair sentence if the prosecutor argues their case successfully.
We have over 120 years of combined experience in criminal law. Three of our attorneys are former prosecutors, giving us insight into how the other side will pursue their case against you. We can develop an effective strategy and obtain all available evidence necessary to prove your innocence.
If you were accused of violating the conditions of your parole or community corrections program, contact The Criminal Defense Team right now. We can review the circumstances of your case and advise you about the available legal options. You can depend on our team to go to battle for you to try to reach the best possible outcome.
Call (317) 687-8326 for your free consultation with one of our Indiana probation and community corrections violation lawyers.