Probation is a period of supervision of a person convicted of a crime. Probation is often given in lieu of jail or prison time. When judges grant probation as an alternative to incarceration, they take the opportunity that they’ve given to an offender very seriously. And when a violation occurs, a felony probation consequence can be serious. Often the court, upon advisement from the probation department, gives several conditions of probation. Usually, the probation includes refraining from drug and alcohol. interactions with the police and so on. The consequence for a probation violation for a felony offense, generally has some major ramifications, up to and including a prison sentence. If you have violated, you need an Indiana criminal defense attorney, and call (317) 743-0771 or email [email protected].
What Is a Probation Violation?
As previously mentioned, a judge will order that a person report to a probation officer regularly and according to a set schedule as an alternative to jail or prison. A probation violation occurs when the convicted offender willfully or fails in any number of ways to comply with terms and conditions of his or her probationary sentence. A violation normally consists of:
- Failure to pay fines
- Failure to pay court ordered restitution
- Picking up additional criminal charges
- Not maintaining gainful employment
- Using drugs
- Drinking alcohol
- Failure to attend court ordered counseling
- Missing a probation appointment
- Contacting the victim of the crime
Probation Violation for Felony Offense
If you have your 1st violation of felony probation, you should be concerned. Based on the severity of any felony probation violation can result in you serving your jail or prison “back up time”. There are times when a violation of probation is a technical violation of probation. While technical probation violations may seem minor, they are ultimately very serious and can affect your life greatly. Generally, if you violate probation, a probation violation warrant will be issued. The majority of the time, an arrest for probation violation, be it substantive or technical, you will more than likely held without a bond.
Being held in jail without a bond can wreak havoc on your life. It’s important to call a criminal lawyer to help with arranging for your felony violation probation warrant to be executed and done so with as little of a disruption in your life as possible.
What is a Technical Violation of Probation?
In Indiana, ANY violation of probation is serious in nature, however and too often technical probation violations are taken lightly. Again, this is definitely not the case. Items that are considered as technical violations of probation are items like:
- Failing to pay court costs
- Failure to make monthly restitution payments
- Missing curfew
- Leaving the state without permission
- Testing positive on a drug or alcohol screening
- Contacting the victim
All of these items would be fairly easy to prove felony violations of probation. The consequences of the technical violation of probation can be devastating to say the least. It’ s important that if you are facing felony probation violation consequences, you contact a probation violation attorney as soon as possible.
Is Probation Violation a Felony or Misdemeanor?
The act of violating probation is not in and of itself a felony or a misdemeanor. However, if you are convicted of a felony or a misdemeanor, then more than likely the probation officer will file a probation violation, and the judge takes into account a preponderance of the evidence, which means that the judge considers if it was more likely than not that you violated the terms of your probation. You should be especially concerned with a probation violation for a felony offense. Why? A felony offense probation usually has a penalty of prison time
Consequence for a Felony Probation Violation
If you have a felony probation violation, you will be required to attend a court hearing to determine if you, violated the conditions of your felony probation and must deal with the end result of your violation. Some of the consequences for a felony probation violation include the following:
- Give you a warning and allow you to continue your probation
- Modify your probation with additional, more restrictive requirements
- Extend your probation
- Give you jail time – Typically one or two weekends in jail
- Terminate the probation unsuccessfully
- Find you in contempt
- Completely revoke your probation and require you to your entire prison or jail sentence
Remember, when the court places an offender on felony probation, they are offering that person a chance to live at home, with the chance to work, go to school while still residing in their community, even with a criminal conviction. It’s important to remember the gift of probation when the court grants probation for a felony or for a misdemeanor offense.
Felony Violation Probation Consequences Can Be Devastating
Felony Probation is an opportunity to remain relatively free while following a set of requirements. Can you violate probation and not go to jail? The answer is, it depends. Often, depending how egregious are your first probation violation circumstances can depend on how lenient or harsh the repercussions of the first probation violation will be. The wise decision would be not to violate at all. However, we all make mistakes. If you do happen to commit a probation violation for your felony offense, consequences can be tough or very tough. Get in front of your probation violation today. Call an Indianapolis probation violation attorney at (317) 743-0771.