Probation Violations Lawyer in Indianapolis Helping you Avoid Harsher Penalties

If you are convicted of a crime in Indiana, the judge in your case has many sentencing options. One such option is to place you on probation, which allows the court to supervise you while you remain in the community.

However, in exchange for being placed on probation, you must sign a contract in which you agree to standard conditions of probation, such as:

• Keeping the probation department informed of your address at all times
• Attending all meetings with your probation officer
• Obeying all local, state, and federal laws
• Paying probation supervision fees

You may also have to agree to abide by special probation conditions related to your case. For example, if you are on probation for a DUI, you will likely be required to attend a program like Mothers Against Drunk Driving (M.A.D.D.), or if you are on probation for domestic violence, you will likely have to attend anger management counseling or agree not to be within a certain proximity to the victim’s residence, place of employment or have any contact, period.

Whatever the agreed terms, you must comply with every condition of your probation as ordered by the court or face consequences for non-compliance. If you have been charged with a probation violation, an experienced criminal defense attorney with the Law Office of Corey L. Scott, LLC can represent you to avoid harsher fines, sentencing, or penalties.

What are Probation Violations?

When a person ignores, avoids, refuses, or breaks the terms of probation, this is considered violating probation. An Indiana probation violation attorney with the Law Office of Corey L. Scott, LLC will represent you in court and refute the opposing lawyer’s evidence or claim of violation or negotiate a lesser penalty or sentence depending on the severity of the charge.

The most common types of probation violations include:

• Missing court or probation meetings
• Missing scheduled anger management, support groups, or other counseling or required therapy classes
• Failing to pay fines or restitution
• Failing drug or alcohol tests
• Getting arrested for another crime while on probation
• Failing to maintain employment
• Completing partial community service or none at all
• Crossing state lines

If you fail to abide by the terms of your probation or are arrested for another crime, the probation department notifies the court by filing a Notice of Violation of Probation.

The court can then send you a summons to appear before the judge to address the issue or even issue a warrant for your arrest, depending on the seriousness of the alleged violation. Once a violation is filed, there are several stages of procedure for resolving probation violations.

If you know you have violated your probation, or you are about to be charged for violating your probation, don’t wait until it’s too late, and call our office today: (317) 623-4546.

What Happens in a Probation Violation Hearing?

At any point during probation, the court can issue a warrant for the arrest of an individual for violating probation and the conditions of his or her probationary period.

In probation violation proceedings, the court will formally notify you of the alleged probation violations. The court will ensure that you understand the allegations and ask you if you plan to hire private counsel or be represented by a public defender.

If you’re proactive after you violated probation or know you’re about to be charged, an Indiana probation violation attorney with the Law Office of Corey L. Scott, LLC can step in, protect your rights and represent you to reach a more favorable solution.

The court will also want to know whether you want to admit the alleged violations and resolve the matter or if you want to deny the allegations and set the matter for a contested hearing.

At this time, the court will also decide whether you will be held in jail without bail while the probation violation proceedings move forward. If the probation department requests you be held, and the judge believes you are a flight risk, pose a danger to the community, or might commit further crimes, then you could be held pending future hearings.

Needless to say, this is a time when it would be wise to have an experienced criminal defense attorney, such as the Law Office of Corey L. Scott, LLC, at your side to speak on your behalf. Call us today and get your case reviewed: (317) 623-4546.

What Happens in a Contested Probation Violation Hearing?

In a violation of probation, the contested hearing is equivalent to a trial. As such, just like in a trial, your Indianapolis probation violation lawyer will be allowed to cross-examine witnesses against you and present evidence on your behalf.

However, there are some important differences to note. The most important difference is the burden of proof in a contested hearing. In a criminal trial, the state has the highest burden of proof beyond a reasonable doubt. As such, the state must prove each element of a crime beyond a reasonable doubt.

At a contested violation of probation hearing, the state has a lower burden of proof and preponderance of the evidence. This standard, normally used in civil cases, cannot be reduced to a simple formula but generally means the state has to present enough evidence to show that you likely committed the allegations.

Another difference is that the rules of evidence, such as hearsay, etcetera, are relaxed so that you have fewer safeguards to protect your rights. In summary, with a lower burden of proof and fewer safeguards to protect you, an experienced criminal defense attorney is a wise investment.

Probation violation charges can add another criminal offense to your record. Book a free consultation with an Indiana probation violation attorney today to learn how we can turn your case around: (317) 623-4546.

If I Violated Probation, Can a Probation Violation Attorney Help?

In some cases, it is possible to admit that you have violated probation in some way, but also to reach an agreement that allows you to continue on probation.

This is ultimately the goal if you have violated your probation terms to some extent. Our Indianapolis probation violation lawyer, with the Law Office of Corey L. Scott, LLC, can represent you at trial and work with the judge to reach this type of resolution.

If you have disregarded your probation terms, these agreements represent a good resolution for you and a positive outcome compared with other sentences and implications. Alternatively, if you have violated probation and the judge revokes your probation and ends it due to non-compliance, the consequences can be stiff, including:

• Losing an opportunity to have a Level 6 Felony conviction reduced to a misdemeanor
• Possible lengthy imprisonment and everything that goes with it, such as separation from your family, job loss, or a permanent felony conviction
• Simply put, the stakes are high, and you owe it to yourself and your future to hire an experienced criminal defense attorney that can navigate the complexities of the criminal justice system.

Book a free consultation with the Law Office of Corey L. Scott, LLC today to discuss your probation violation charges, possible criminal charges, and solutions to your case: (317) 623-4546.