Criminal Law

Probation Violations

The majority of criminal offenses will involve some kind of probationary term.   A common order of probation by a Court will have many requirements. Some of these that we see include: that one is to report to probation as directed, to comply with all local state and federal laws, and within 48 hours of being arrested or charged for a new criminal offense to contact the probation officer with the information; to cooperate with and truthfully answer all reasonable inquiries of your probation officer; to notify your probation officer of any address, telephone number, employment status changes within a set period of time; Probation will often require you to obtain the consent of your probation officer before leaving the State of Indiana; to not purchase, possess or use any firearm, destructive device or other weapon unless granted written permission by your probation officer; to not consume or possess on your person or in your residence any controlled substance or illegal drug unless you can prove that you have a valid prescription of a licensed physician; to submit to alcohol and drug testing when ordered by the probation department and be responsible for the cost of that testing; attempts to dilute, substitute, or alter a direct and immediate urine sample to mask the test results can be a violation; not being in the presence of marijuana or any other controlled substance which could result in a positive urine screen; become and remain gainfully employed during your probation term and/or become enrolled in an education program; waive rights against search and seizure and permit the Probation Officer or any law enforcement officer to search your person, residence, motor vehicle, to ensure compliance; complete community service or other special terms of probation; take various education or treatment programs reasonable related to rehabilitation; and many other conditions and terms.

As you can see terms go much further than “don’t pick up a new case.  Have you found yourself in violation of your terms of Probation?   If so, you have probably been given a notice of your violation of probation “VOP”, and will soon be having an Initial Hearing on the VOP or have already had that and will next be having what is called a Fact Finding Hearing.  Fact Finding hearings require a different standard for the State to prove the violation.  In fact, its a much easier standard, than what is required when facing original charges.  If they are able to prove the violation, you could be facing jail time, or other consequences, if found in violation of your probation.   

So obviously you still have various rights you need to make sure are protected.  If you have found yourself in this unfortunate circumstance, you need an attorney who has experience dealing with Probation Violations, and can adequately represent you in your case.   To discuss your Indiana probation violation, please call to set up a consultation with one of our Indiana Criminal Defense Lawyers, trained to deal with your case.