This can happen when the prosecutor or the judge does not feel that incarceration is warranted but that some form of supervision and possibly counseling are needed. When a defendant violates the terms of the probation, it may be considered a slap in the face to the people who gave the defendant the chance to stay out of jail or prison. On the other hand, a defendant may have had an extenuating reason for an apparent probation violation or there may not have been a violation at all.
If that is the case, you will either need to reach an agreement with the state, admit your violation but argue the sanctions to the court, or fight the violation in a fact-finding hearing. It is a distinct possibility. If you are charged with violating probation, you are allowed to contest the charge. Just as you would be in any criminal charge, you are presumed innocent and the prosecution has the burden of proving that you did, in fact, violate your probation.
The standard of proof, however, is lower. In a criminal trial, the prosecution must prove beyond a reasonable doubt that you are guilty. At a probation hearing, the prosecution need only prove by a preponderance of the evidence that you violated any term of your probation.
In other words, they must prove that it is more likely than not. There are no unimportant terms of probation. This article will provide a brief overview of probation in Indiana and what it means for you. Probation in Indiana is governed by Indiana Code This statute lays out the rules for probation under Indiana law, including regulations for terms of probation, probation user fees, modification of probation requests, and probation violation allegations.
While the courts have wide latitude on what terms they can impose on a person sentenced to probation, these statutes lay out the basic rules the courts and the parties must follow when sentencing someone to probation or if the state alleges that a person has violated the terms of their probation.
Probation is used when a court or the parties in a plea agreement decide that the defendant should not serve their entire sentence in jail or in custody, but instead should have some or all of their sentence suspended and then supervised by the county probation department.
A defendant can be placed on probation directly, or after they have served an executed sentence in jail or on community corrections. Instead of going to jail, they can stay in the community and at home and complete certain requirements the terms of probation. A hearing for a probation offense may seem like a normal criminal court proceeding, but there are some critical differences.
Unlike normal criminal trials, there is a lower standard that the prosecutor must meet to find you guilty of violating your probation. You can also be required to testify against yourself. These rules are allowed since you have previously been convicted of the crime, and your constitutional trial rights do not extend to probation issues that deal with how your punishment may be altered.
A skilled probation violation lawyer will counter any questionable arguments that the prosecutor puts forth, while also seeking to inform the court why any new punishment should be lenient and allow for you to exit the probation system before too long. Your lawyer can take one or both of the following approaches to your case:. The Indiana courts can be harsh on those who are considered to have violated the rules of their probation.
You can be sent back to prison or given a longer sentence. Furthermore, probation violations can make it much more difficult to expunge your record in the future. Do not delay to seek legal help after an arrest. If you or a loved one has been arrested for a probation violation, call GDS Law Group to speak with a skilled defense attorney. Our team has years of experience helping clients, and we know how important a successful outcome is to you and your future.
If you have additional questions, or need assistance with your legal matter, please contact the Tyson Law Firm, P. Please check the laws of your local jurisdiction…. Please check the laws of…. Attorney Britton A. Please check the laws…. Many individuals involved in a custody battle have numerous questions.
What should I expect? Many people who are facing mediation for a case find themselves anxious about the process, and they often have a lot of unanswered questions about how it works and what to expect.
The aim of this article is to clear up some of those questions and lay out what most participants are likely to experience when they undertake mediation. Troy Tyson February 16,
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