Probation is Given at a Conviction
When an individual is convicted of a crime, he or she may be forced to deal with fines, incarceration, and probation. Typically, a judge will assign probation to a person who is convicted or sentenced in court. In some instances, probation may be assessed in lieu of incarceration or a prison sentence. The judge will typically assign the length of probation and will set any specific guidelines based on the circumstances surrounding the case.
Adherence to the Conditions of Probation
It is essential that individuals who are placed on probation follow all of the conditions of probation outlined by the court. Even if there is a first time violation of probation, something so small as missing a probation appointment, failure to follow all of the conditions of probation could result in any of the following to occur:
- Revocation of probation
- Community service
- Extended probation
By failing to meet the requirements set by the court, the offender runs the risk of receiving a “motion to revoke probation” for a violation of probation, to be filed with the court by the probation department. Once the motion to revoke probation has been filed with the court, the judge will typically issue an arrest warrant for the individual accused of the probation violation. Unfortunately, the warrants are usually issued without setting a bond. This means that there is a good chance that the accused will be held without bail until a bond has been set. The amount of bail set by the court for violating probation is typically $500 for misdemeanors, with no set cap on the amount for a felony probation violation.
Is Your Probation About to be Revoked?
If a Person Violates Probation Conditions
If a person violates the conditions of his or her probation, the case no longer becomes focused on the original crime. The interaction with the court becomes a matter how well the terms of probation were followed. This means that the prosecutor only needs to prove that the terms of probation were set and that the individual failed to meet the requirements of the court. This is done by a preponderance of the evidence. If the person is found guilty of violating the terms of his probation, the court may decide to revoke his or her freedoms and may impose heavy criminal penalties as a result. Up to and including the entire suspended sentence.
When a Condition of Probation is Violated. Call Us.
When the conditions of probation are violated, you need to speak to an Indiana probation violation lawyer as soon as possible. When you’ve been accused of a probation violation in Indiana, time is of the essence. Call our office at 317-721-9858.